HomeMy WebLinkAbout2024-02-27 - AGENDA REPORTS - AB 1772 AB 1779 AB 1802 AB 1804 AB 1848 SB 905 SB 923 SB 928Agenda Item: 16
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: TAA,/�
DATE: February 27, 2024
SUBJECT: STATE LEGISLATION: AB 1772, AB 1779, AB 1802, AB 1804, AB
1848, SB 905, SB 923, and SB 928
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council:
1. Support AB 1772 (Ramos), AB 1779 (Irwin), AB 1802 (Jones -Sawyer), AB 1804
(Patterson), AB 1848 (Davies), SB 905 (Wiener), SB 923 (Archuleta), and SB 928 (Niello).
2. Transmit position statements to the authors of the bills, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Newsom, and other stakeholder
organizations.
BACKGROUND
The following state legislative items were presented to the City Council Legislative Committee
on February 13, 2024. Included as part of this report is a brief summary of each piece of
legislation and its current status in the state legislative process. All of the state legislative items
are related to public safety and various attempts to amend Proposition 47 (2014).
Proposition 47 (2014) titled, "The Safe Neighborhoods and Schools Act," reduced penalties for
certain property and drug offenses from felonies or wobblers, which could be charged as either a
felony or misdemeanor. Under previous state law, shoplifting property worth $950 or less, a type
of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary
instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted
as a felony and sentenced up to three years in prison.
Proposition 47 (2014) was approved by voters (59.6 percent - 40.4 percent) on November 4,
2014, and went into effect on November 5, 2014. However, at the City level, the measure failed
with 47.19 percent in favor and 52.81 percent against.
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With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a
misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a
fine up to $1,000.
According to the Public Policy Institute of California which had researchers testify to the State
Assembly Select Committee on Retail Theft, overall felony retail theft increased by 16 percent in
2022 compared to 2019. Commercial robbery, which includes thefts in which force is used or
threatened, like some smash-and-grab thefts, increased by 13 percent over the same time period.
Assemblv Bill 1772
Introduced by Assembly Member James Ramos (D-45-San Bernardino), Assembly Bill 1772
amends Proposition 47 (2014) by reinstating the ability to charge a repeat offender, convicted of
petty theft or shoplifting and who has two or more prior theft -related offenses, with a felony.
Subsequent to passage by the state legislature and approval by the Governor, this bill would
become effective only if approved by a majority of voters through a ballot initiative at the next
statewide general election.
Assembly Bill 1772 was introduced on January 3, 2024, and referred to the Assembly Committee
on Public Safety. A hearing date had not been scheduled at the time this report was developed.
Assembly Bill 1779
Introduced by Assembly Member Jacqui Irwin (D-42-Thousand Oaks), Assembly Bill 1779
expands the jurisdictional authority for city and county prosecutors to prosecute thefts that occur
across jurisdictions.
Current law restricts cross jurisdictional prosecution of many crimes, including theft by fraud,
organized retail theft, and receiving stolen property to the Attorney General. This legislation
seeks to expand the jurisdictional authority of local prosecutors in an effort to better target thefts
involving criminal networks and organized crimes.
Assembly Bill 1779 was introduced on January 3, 2024, and referred to the Assembly Committee
on Public Safety. A hearing date had not been scheduled at the time this report was developed.
Assembly Bill 1802
Introduced by Assembly Member Reggie Jones -Sawyer (D-57-South Los Angeles), Assembly
Bill 1802 extends the sunset to January 1, 2031, for (1) special sentences for organized retail
theft to be punishable as a felony and (2) continuation of a statewide taskforce led by the
California Highway Patrol to combat organized retail theft.
During the 2018 legislative year, the State Legislature passed Assembly Bill 1065 (Jones -
Sawyer), which made retail theft three or more times within a one-year period that exceeded
$950 in value, punishable as a felony. Additionally, the bill established the California Highway
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Patrol Organized Retail Crime Task Force (ORCTF), to combat organized retail. The bill
included a sunset for both provisions of January 1, 2021.
During the 2021 legislative year, the State Legislature passed Assembly Bill 331 (Jones -Sawyer),
extending the provisions of Assembly Bill 1065 to January 1, 2026.
Since the inception of the ORCTF, there have been more than 1,850 investigations into retail
crimes in California that have resulted in over 1,250 arrests, resulting in $30.7 million recovered
in stolen merchandise.
Assembly Bill 1802 was introduced on January 8, 2024, and referred to the Assembly Committee
on Public Safety. A hearing date had not been scheduled at the time this report was developed.
Assembly Bill 1804
Introduced by Assembly Member Jim Patterson (R-8-Fresno), Assembly Bill 1804 reduces the
amount of fentanyl involved in an investigation to authorize law enforcement to intercept
communication involving the suspected parties.
Existing law authorizes a judge, upon a finding of probable cause that an individual is
committing, has committed, or is about to commit offenses involving a substance containing
fentanyl that exceeds 10 gallons by liquid volume or 3 pounds of solid substance by weight, to
issue an order authorizing communication interception.
This bill would reduce the above -described amounts for an order authorizing communication
interception to 1.67 gallons by liquid volume and 8 ounces of solid substance by weight of a
substance containing fentanyl.
The opioid epidemic has become a nationwide issue affecting communities across the country,
including the City of Santa Clarita. Fentanyl is a synthetic opioid that is up to 50 times stronger
than heroin and 100 times stronger than morphine, making it a major contributor to drug
overdose deaths.
In 2021, more than 80,000 people died from a synthetic opioid-related drug overdose in the
United States according to the Centers for Disease Control and Prevention. Based on preliminary
2022 data from the California Department of Public Health, there were 7,385 opioid-related
overdose deaths and 6,473 deaths related to fentanyl overdoses. In 2022, the Los Angeles County
Sheriff's Department reported 32 overdoses in the Santa Clarita Valley as a result of fentanyl.
Moreover, in 2022, there were 261 fentanyl-related overdose deaths among teenagers in
California, ages 10-19 years old, according to the California Department of Public Health.
Assembly Bill 1804 was introduced on January 8, 2024, and referred to the Assembly Committee
on Public Safety. A hearing date had not been scheduled at the time this report was developed.
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Assembly Bill 1848
Introduced by Assembly Member Laurie Davies (R-74-Laguna Niguel), Assembly Bill 1848
adds fentanyl to an existing prosecutorial enhancement involving selling a controlled substance
to a minor at youth -based facilities.
Existing law applies a sentence enhancement to crimes involving the soliciting or selling of a
controlled substance to a minor at a playground, religious institution, youth center, day care
facility, public swimming pool, or school -related programs. The controlled substances that apply
to the sentence enhancement does not include fentanyl.
This bill would add fentanyl to the list of controlled substances that the special enhancement
would apply to and would expand the parameters of the youth -based locations, adding a 1,000
feet radius to those locations.
Assembly Bill 1848 was introduced on January 17, 2024, and referred to the Assembly
Committee on Public Safety. A hearing date had not been scheduled at the time this report was
developed.
Senate Bill 905
Introduced by Senator Scott Wiener (D-11-San Francisco), Senate Bill 905 removes a
requirement that a vehicle must be locked in order for an individual to be convicted for vehicular
burglary, making forcible entry into a vehicle with the intent to commit a theft an action
punishable as a felony.
In order to convict a person under the current auto burglary statute, Penal Code Section 459, the
prosecutor must prove that (1) the defendant entered a locked vehicle, and (2) when the
defendant entered the locked vehicle they intended to commit theft (or any other felony).
The common law element of "breaking" has never been an essential element of statutory
burglary in California. The only exception is auto burglary, which requires that the doors of a
vehicle be locked.
Some prosecutors argue that, particularly in cases where a victim is unavailable, such as with
tourists who cannot return to court, while there may be concrete evidence of a break in, it
may prove difficult to establish that a vehicle was locked. This bill would eliminate the
prosecutor's duty to establish that a vehicle is locked, and instead require the
prosecutor to prove forcible entry.
Senate Bill 905 was introduced on January 5, 2024. A hearing date had not been scheduled at the
time this report was developed.
Senate Bill 923
Authored by Senator Bob Archuleta (D-30-Norwalk), Senate Bill 923 amends Proposition 47
(2014) by reinstating the ability to charge a repeat offender, convicted of petty theft or
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shoplifting and who has two or more prior theft -related offenses, with a felony.
Subsequent to passage by the State Legislature and approval by the Governor, this bill would
become effective only if approved by voters through a ballot initiative at the next statewide
general election through a ballot initiative.
Senate Bill 923 was introduced on January 11, 2024. A hearing date had not been scheduled at
the time this report was developed.
Senate Bill 928
Introduced by Senator Roger Niello (R-6-Fair Oaks), Senate Bill 928, similar to Assembly Bill
1802, extends the sunset provisions indefinitely for special sentences for organized retail theft to
be punishable as a felony.
Senate Bill 928 was introduced on January 12, 2024. A hearing date had not been scheduled at
the time this report was developed.
The recommendation to support these state legislative items is consistent with the City of Santa
Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the "State"
section advises that the City Council, "Support legislative efforts to address the negative impacts
of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law
enforcement with the appropriate tools to reduce criminal activity."
ALTERNATIVE ACTION
Other direction, as provided by the City Council.
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2023-24 budget.
ATTACHMENTS
Assembly Bill 1772
- Bill Text
Assembly Bill 1779
- Bill Text
Assembly Bill 1802
- Bill Text
Assembly Bill 1804
- Bill Text
Assembly Bill 1848
- Bill Text
Senate Bill 905 - Bill
Text
Senate Bill 923 - Bill Text
Senate Bill 928 - Bill Text
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AMENDED 1N ASSEMBLY FEBRUARY 1, 2024
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1772
Introduced by Assembly Alember Ramos Members Ramos, Mathis,
and Valencia
(Coauthors: Assembly Members Alanis, Cervantes, Dixon, Hoover,
Lackey, Pacheco, Jim Patterson, Joe Patterson, Rodriguez, Soria,
and Ta)
(Coauthors: Senators Dodd, Niello, Roth, Seyarto, and Wilk)
January 3, 2024
An act to amend Sections 459.5 and 490.2 of, and to add Section
666.1 to, the Penal Code, relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 1772, as amended, Ramos. Theft.
Existing law, the Safe Neighborhoods and Schools Act, enacted by
Proposition 47, as approved by the voters at the November 4, 2014,
statewide general election, defines and prohibits an act of shoplifting
and prohibits prosecution for an act of shoplifting under any other law.
Existing law defines shoplifting as entering a commercial establishment
with intent to commit larceny while the establishment is open during
regular business hours.
This bill would revise the definition of shoplifting to require an intent
to steal retail property or merchandise.
Existing law provides that a person with a prior conviction for
specified sex offenses may be charged with a felony for shoplifting or
for theft of property not exceeding $950 in value.
This bill would require a person convicted of petty theft or shoplifting,
if the person has 2 or more prior convictions for specified theft -related
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offenses, to be punished by imprisonment in the county jail for up to
one year, or for 16 months, or 2 or 3 years, and would make conforming
changes.
Existing law authorizes a person to be charged with grand theft if
the property taken exceeds $950 over the course of distinct but related
acts.
This bill would state the findings of the Legislature that if the value
of property taken exceeds $950 over the course of distinct but related
acts, the thefts may properly be aggregated to charge a defendant with
grand theft.
This bill would provide that its provisions would become effective
only upon approval of the voters, and would provide for the submission
of its provisions to the voters for approval at the next statewide general
election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION]. The Legislature finds and declares that pursuant
2 to subdivision (e) of Section 487 of the Penal Code, if the value of
3 property taken exceeds nine hundred fifty dollars ($950) over the
4 course of distinct but related acts, the thefts may properly be
5 aggregated to charge a defendant with grand theft.
7 SEC. 2. Section 459.5 of the Penal Code is amended to read:
8 459.5. (a) Notwithstanding Section 459, shoplifting is defined
9 as entering a commercial establishment while that establishment
10 is open during regular business hours, with the intent to steal retail
11 property or merchandise, where the value of the property that is
12 taken or intended to be taken does not exceed nine hundred fifty
13 dollars ($950). Any other entry into a commercial establishment
14 with intent to commit larceny is burglary. Shoplifting shall be
15 punished as a misdemeanor, except as follows:
16 (1) A person with one or more prior convictions for an offense
17 specified in clause (iv) of subparagraph (C) of paragraph (2) of
18 subdivision (e) of Section 667 or for an offense requiring
19 registration pursuant to subdivision (c) of Section 290 may be
20 punished pursuant to subdivision (h) of Section 1170.
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1 (2) A person who meets the requirements of Section 666.1 may
2 be punished pursuant to that section.
3 (b) Any act of shoplifting as defined in subdivision (a) shall be
4 charged as shoplifting. A person who is charged with shoplifting
5 shall not also be charged with burglary or theft of the same
6 property.
7 (c) As used in this section, the following terms have the
8 following meanings:
9 (1) "Retail property or merchandise" means any article, product,
10 commodity, item, or component intended to be sold in retail
11 commerce.
12 (2) "Value" means the retail value of an item as advertised by
13 the affected retail establishment, including applicable taxes.
14 SEC. -2.
15 SEC. 3. Section 490.2 of the Penal Code is amended to read:
16 490.2. (a) Notwithstanding Section 487 or any other provision
17 of law defining grand theft, obtaining any property by theft where
18 the value of the money, labor, real or personal property taken does
19 not exceed nine hundred fifty dollars ($950) shall be considered
20 petty theft and shall be punished as a misdemeanor, except as
21 follows:
22 (1) A person may instead be punished pursuant to subdivision
23 (h) of Section 1170 if that person has one or more prior convictions
24 for an offense specified in clause (iv) of subparagraph (C) of
25 paragraph (2) of subdivision (e) of Section 667 or for an offense
26 requiring registration pursuant to subdivision (c) of Section 290.
27 (2) A person who meets the requirements of Section 666.1 may
28 be punished pursuant to that section.
29 (b) This section does not apply to any theft that may be charged
30 as an infraction pursuant to any other law.
31 (c) This section does not apply to theft of a firearm.
32 SEG. 3
33 SEC. 4. Section 666.1 is added to the Penal Code, to read:
34 666.1. (a) (1) Notwithstanding any other law, a person who,
35 having two or more convictions for any of the offenses listed in
36 paragraph (2), and who is subsequently convicted of petty theft or
37 shoplifting, is punishable by imprisonment in the county jail not
38 exceeding one year, or pursuant to subdivision (h) of Section 1170.
39 (2) This section applies to the following offenses:
40 (A) Petty theft, as described in Section 488.
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1 (B) Grand theft, as described in Section 487.
2 (C) Theft from an elder or dependent adult in violation of
3 subdivision (e) of Section 368.
4 (D) The theft or unauthorized use of a vehicle, as described in
5 Section 10851 of the Vehicle Code.
6 (E) Burglary, as described in Section 459.
7 (F) Carjacking, as described in Section 215.
8 (G) Robbery, as described in Section 211.
9 (H) Receiving stolen property, as described in Section 496.
10 (I) Shoplifting, as described in Section 459.5.
11 (J) Mail theft, as described in subdivision (e) of Section 530.5.
12 (b) This section does not preclude prosecution or punishment
13 pursuant to any other law.
14 SEC. 4.
15 SEC. 5. This act amends the Safe Neighborhoods and Schools
16 Act, an initiative statute approved by the voters at the November
17 4, 2014, statewide general election as Proposition 47, and shall
18 become effective only when submitted to and approved by the
19 voters. The Secretary of State shall submit this act for approval by
20 the voters at a statewide election in accordance with Section 9040
21 of the Elections Code.
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1779
Introduced by Assembly Member Irwin
January 3, 2024
An act to amend Section 786.5 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1779, as introduced, Irwin. Theft: jurisdiction.
Existing law defines types of theft, including petty theft, grand theft,
and shoplifting. Existing law also defines the crimes of robbery and
burglary. Existing law sets forth specific rules relating to the jurisdiction
for the prosecution of theft by fraud, organized retail theft, and receiving
stolen property, including that the jurisdiction for prosecution includes
the county where an offense involving the theft or receipt of the stolen
merchandise occurred, the county in which the merchandise was
recovered, or the county where any act was done by the defendant in
instigating, procuring, promoting, or aiding or abetting in the
commission of a theft offense or other qualifying offense. Existing law
jurisdictionally limits prosecution of each of the above to criminal
actions brought by the Attorney General.
This bill would no longer limit the jurisdictional rules for the above
crimes to criminal actions brought by the Attorney General.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 786.5 of the Penal Code is amended to
2 read:
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1 786.5. The jurisdiction of a criminal action brought by
2 Aftorney General for theft, as defined in subdivision (a) of Section
3 484, or a violation of Section 490.4 or 496, shall also include the
4 county where an offense involving the theft or receipt of the stolen
5 merchandise occurred, the county in which the merchandise was
6 recovered, or the county where any act was done by the defendant
7 in instigating, procuring, promoting, or aiding in the commission
8 of a theft offense or a violation of Section 490.4 or 496 or in
9 abetting the parties concerned therein. If multiple offenses of theft
10 or violations of Section 490.4 or 496, either all involving the same
11 defendant or defendants and the same merchandise, or all involving
12 the same defendant or defendants and the same scheme or
13 substantially similar activity, occur in multiple jurisdictions, then
14 any of those jurisdictions are a proper jurisdiction for all of the
15 offenses. Jurisdiction also extends to all associated offenses
16 connected together in their commission to the underlying theft
17 offenses or violations of Section 490.4 or 496.
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1802
Introduced by Assembly Member Jones -Sawyer
January 8, 2024
An act to amend Sections 490.4 and 13899.1 of the Penal Code,
relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1802, as introduced, Jones -Sawyer. Crimes: organized theft.
Existing law, until January 1, 2026, makes a person guilty of organized
retail theft, punishable as a misdemeanor or a felony, as specified, if
the person acts in concert with one or more persons to steal merchandise
from one or more merchant's premises or online marketplaces with the
intent to sell or return the merchandise for value, acts in concert with
2 or more persons to receive, purchase, or possess merchandise knowing
or believing it to have been stolen, acts as an agent of another to steal
merchandise from one or more merchant's premises or online
marketplaces as part of an organized plan to commit theft, or recruits,
coordinates, organizes, supervises, directs, manages, or finances another
to undertake acts of theft.
This bill would extend the operation of the crime of organized retail
theft until January 1, 2031. By extending the operation of an existing
crime, this bill would create a state -mandated local program.
Existing law, until January 1, 2026, requires the Department of the
California Highway Patrol to coordinate with the Department of Justice
to convene a regional property crimes task force to identify geographic
areas experiencing increased levels of property crimes and assist local
law enforcement with resources, such as personnel and equipment.
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The bill would extend the operation of the regional property crimes
task force until January 1, 2031.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 490.4 of the Penal Code is amended to
2 read:
3 490.4. (a) A person who commits any of the following acts is
4 guilty of organized retail theft, and shall be punished pursuant to
5 subdivision (b):
6 (1) Acts in concert with one or more persons to steal
7 merchandise from one or more merchant's premises or online
8 marketplace with the intent to sell, exchange, or return the
9 merchandise for value.
10 (2) Acts in concert with two or more persons to receive,
11 purchase, or possess merchandise described in paragraph (1),
12 knowing or believing it to have been stolen.
13 (3) Acts as an agent of another individual or group of individuals
14 to steal merchandise from one or more merchant's premises or
15 online marketplaces as part of an organized plan to commit theft.
16 (4) Recruits, coordinates, organizes, supervises, directs,
17 manages, or finances another to undertake any of the acts described
18 in paragraph (1) or (2) or any other statute defining theft of
19 merchandise.
20 (b) Organized retail theft is punishable as follows:
21 (1) If violations of paragraph (1), (2), or (3) of subdivision (a)
22 are committed on two or more separate occasions within a
23 12-month period, and if the aggregated value of the merchandise
24 stolen, received, purchased, or possessed within that 12-month
25 period exceeds nine hundred fifty dollars ($950), the offense is
26 punishable by imprisonment in a county jail not exceeding one
27 year or pursuant to subdivision (h) of Section 1170.
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1 (2) Any other violation of paragraph (1), (2), or (3) of
2 subdivision (a) that is not described in paragraph (1) of this
3 subdivision is punishable by imprisonment in a county jail not
4 exceeding one year.
5 (3) A violation of paragraph (4) of subdivision (a) is punishable
6 by imprisonment in a county jail not exceeding one year or
7 pursuant to subdivision (h) of Section 1170.
8 (c) For the purpose of determining whether the defendant acted
9 in concert with another person or persons in any proceeding, the
10 trier of fact may consider any competent evidence, including, but
11 not limited to, all of the following:
12 (1) The defendant has previously acted in concert with another
13 person or persons in committing acts constituting theft, or any
14 related offense, including any conduct that occurred in counties
15 other than the county of the current offense, if relevant to
16 demonstrate a fact other than the defendant's disposition to commit
17 the act.
18 (2) That the defendant used or possessed an artifice, instrument,
19 container, device, or other article capable of facilitating the removal
20 of merchandise from a retail establishment without paying the
21 purchase price and use of the artifice, instrument, container, or
22 device or other article is part of an organized plan to commit theft.
23 (3) The property involved in the offense is of a type or quantity
24 that would not normally be purchased for personal use or
25 consumption and the property is intended for resale.
26 (d) In a prosecution under this section, the prosecutor shall not
27 be required to charge any other coparticipant of the organized retail
28 theft.
29 (e) Upon conviction of an offense under this section, the court
30 shall consider ordering, as a condition of probation, that the
31 defendant stay away from retail establishments with a reasonable
32 nexus to the crime committed.
33 (f) This section shall remain in effect only until January 1,
34 2031, and as of that date is repealed.
35 SEC. 2. Section 13899.1 of the Penal Code is amended to read:
36 13899.1. This chapter shall remain in effect only until January
37 1, 2031, and as of that date is repealed.
38 SEC. 3. No reimbursement is required by this act pursuant to
39 Section 6 of Article XIIIB of the California Constitution because
40 the only costs that may be incurred by a local agency or school
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1 district will be incurred because this act creates a new crime or
2 infraction, eliminates a crime or infraction, or changes the penalty
3 for a crime or infraction, within the meaning of Section 17556 of
4 the Government Code, or changes the definition of a crime within
5 the meaning of Section 6 of Article XIII B of the California
6 Constitution.
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1804
Introduced by Assembly Member Jim Patterson
(Coauthors: Assembly Members Alanis, Chen, Davies, Gallagher,
and Ta)
January 8, 2024
An act to amend Section 629.52 of the Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
AB 1804, as introduced, Jim Patterson. Crime: fentanyl trafficking.
Existing law authorizes the Attorney General or a district attorney to
make an application, as specified, to a judge of a superior court, for an
order authorizing the interception of wire or electronic communications.
Existing law authorizes a judge, upon a finding of probable cause as
that an individual is committing, has committed, or is about to commit
offenses involving a substance containing fentanyl or its precursors or
analogs that exceeds 10 gallons by liquid volume or 3 pounds of solid
substance by weight, to issue an order authorizing the interception.
This bill would reduce the above -described amounts for an order
authorizing interception to 1.67 gallons by liquid volume and 8 ounces
of solid substance by weight of a substance containing fentanyl or its
precursors or analogs.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 629.52 of the Penal Code is amended to
2 read:
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1 629.52. Upon application made under Section 629.50, the judge
2 may enter an ex parte order, as requested or modified, authorizing
3 interception of wire or electronic communications initially
4 intercepted within the territorial jurisdiction of the court in which
5 the judge is sitting, if the judge determines, on the basis of the
6 facts submitted by the applicant, all of the following:
7 (a) There is probable cause to believe that an individual is
8 committing, has committed, or is about to commit, one of the
9 following offenses:
10 (1) Importation, possession for sale, transportation, manufacture,
11 or sale of controlled substances in violation of Section 11351,
12 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or
13 11379.6 of the Health and Safety Code with respect to either of
14 the following: -a
15 (A) A substance containing heroin, cocaine, PCP,
16 methamphetamine, fi rtanyl, or their precursors or analogs where
17 the substance exceeds 10 gallons by liquid volume or three pounds
18 of solid substance by weight.
19 (B) A substance containing fentanyl or its precursors or analogs
20 where the substance exceeds 1.67 gallons by liquid volume or eight
21 ounces of solid substance by weight.
22 (2) Murder, solicitation to commit murder, a violation of Section
23 209, or the commission of a felony involving a destructive device
24 in violation of Section 18710, 18715, 18720, 18725, 18730, 18740,
25 18745, 18750, or 18755.
26 (3) A felony violation of Section 186.22.
27 (4) A felony violation of Section 11418, relating to weapons of
28 mass destruction, Section 11418.5, relating to threats to use
29 weapons of mass destruction, or Section 11419, relating to
30 restricted biological agents.
31 (5) A violation of Section 236.1.
32 (6) An attempt or conspiracy to commit any of the
33 above -mentioned crimes.
34 (b) There is probable cause to believe that particular
35 communications concerning the illegal activities will be obtained
36 through that interception, including, but not limited to,
37 communications that may be utilized for locating or rescuing a
38 kidnap victim.
39 (c) There is probable cause to believe that the facilities from
40 which, or the place where, the wire or electronic communications
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1 are to be intercepted are being used, or are about to be used, in
2 connection with the commission of the offense, or are leased to,
3 listed in the name of, or commonly used by the person whose
4 communications are to be intercepted.
5 (d) Normal investigative procedures have been tried and have
6 failed or reasonably appear either unlikely to succeed if tried or
7 too dangerous.
8 (e) Notwithstanding any other provision in this section,--fto a
9 magistrate shall not enter an ex parte order authorizing interception
10 of wire or electronic communications for the purpose of
11 investigating or recovering evidence of a prohibited violation, as
12 defined in Section 629.51.
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1848
Introduced by Assembly Member Davies
January 17, 2024
An act to amend Section 11353.1 of the Health and Safety Code,
relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 1848, as introduced, Davies. Controlled substances: fentanyl.
Existing law makes it a crime to solicit or encourage a minor to
commit specified crimes relating to controlled substances, to hire or
employ a minor to transport or sell controlled substances, or to sell or
give controlled substances to minors. Existing law makes a person who
is 18 years of age or older who violates these provisions with respect
to heroin, cocaine, or cocaine base on the grounds of specified buildings,
including, among others, playgrounds and childcare facilities, subject
to punishment with an additional enhancement in the state prison of
one year.
This bill would make that enhancement also apply to a violation of
those provisions with respect to fentanyl and would expand the
parameters to within 1,000 feet of those specified locations.
By expanding the scope of crimes and creating new crimes, this bill
would impose a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11353.1 of the Health and Safety Code
2 is amended to read:
3 11353.1. (a) Notwithstanding any other provision of law, any
4 person 18 years of age or over who is convicted of a violation of
5 Section 11353, in addition to the punishment imposed for that
6 conviction, shall receive an additional punishment as follows:
7 (1) If the offense involved heroin, cocaine, cocaine base,
8 fentanyl, or any analog of these substances and occurred
9 upon, or within 1, 000 feet of, the grounds of, or within, a church
10 or synagogue, a playground, a public or private youth center, a
11 child day care facility, or a public swimming pool, during hours
12 in which the facility is open for business, classes, or school -related
13 programs, or at any time when minors are using the facility, the
14 defendant shall, as a full and separately served enhancement to
15 any other enhancement provided in paragraph (3), be punished by
16 imprisonment in the state prison for one year.
17 (2) If the offense involved heroin, cocaine, cocaine base, or
18 any analog of these substances and occurred upon, or within 1,000
19 feet of, the grounds of any public or private elementary, vocational,
20 junior high, or high school, during hours that the school is open
21 for classes or school -related programs, or at any time when minors
22 are using the facility where the offense occurs, the defendant shall,
23 as a full and separately served enhancement to any other
24 enhancement provided in paragraph (3), be punished by
25 imprisonment in the state prison for two years.
26 (3) If the offense involved a minor who is at least four years
27 younger than the defendant, the defendant shall, as a full and
28 separately served enhancement to any other enhancement provided
29 in this subdivision, be punished by imprisonment in the state prison
30 for one, two, or three years, at the discretion of the court.
31 (b) The additional punishment provided in this section shall
32 not be imposed unless the allegation is charged in the accusatory
33 pleading and admitted by the defendant or found to be true by the
34 trier of fact.
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1 (c) The additional punishment provided in this section shall be
2 in addition to any other punishment provided by law and shall not
3 be limited by any other provision of law.
4 (d) Notwithstanding any otherProvision of law, the court may
5 strike the additional punishment provided for in this section if it
6 determines that there are circumstances in mitigation of the
7 additional punishment and states on the record its reasons for
8 striking the additional punishment.
9 (e) As used in this section the following definitions shall apply:
10 (1) "Playground" means any park or recreational area
11 specifically designed to be used by childrenek that has play
12 equipment installed, including public grounds designed for athletic
13 activities such as baseball, football, soccer, or basketball, or any
14 similar facility located on public or private school grounds, or on
15 city, county, or state parks.
16 (2) "Youth center" means any public or private facility that is
17 primarily used to host recreational or social activities for minors,
18 including, but not limited to, private youth membership
19 organizations or clubs, social service teenage club facilities, video
20 arcades, or similar amusement park facilities.
21 (3) "Video arcade" means any premises where 10 or more video
22 game machines or devices are operated, and where minors are
23 legally permitted to conduct business.
24 (4) "Video game machine" means any mechanical amusement
25 device, which is characterized by the use of a cathode ray tube
26 display and which, upon the insertion of a coin, slug, or token in
27 any slot or receptacle attached to, or connected to, the machine,
28 may be operated for use as a game, contest, or amusement.
29 (5) "Within 1,000 feet of the grounds of any public or private
30 elementary, vocational, junior high, or high school" means any
31 public area or business establishment where minors are legally
32 permitted to conduct business w-hie that is located within 1,000
33 feet of any public or private elementary, vocational, junior high,
34 or high school.
35 (6) "Child day care facility" has the meaning specified in
36 Section 1596.750.
37 (f) This section does not require either that notice be posted
38 regarding the proscribed conduct or that the applicable 1,000-foot
39 boundary limit be marked.
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1 SEC. 2. No reimbursement is required by this act pursuant to
2 Section 6 of Article XIIIB of the California Constitution because
3 the only costs that may be incurred by a local agency or school
4 district will be incurred because this act creates a new crime or
5 infraction, eliminates a crime or infraction, or changes the penalty
6 for a crime or infraction, within the meaning of Section 17556 of
7 the Government Code, or changes the definition of a crime within
8 the meaning of Section 6 of Article XIII B of the California
9 Constitution.
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SENATE BILL No. 905
Introduced by Senator Wiener
(Principal coauthor: Senator Jones)
(Principal coauthors: Assembly Members Cervantes, Friedman, and
Villapudua)
(Coauthors: Senators Allen, Blakespear, Dodd, Glazer, Niello, Roth,
Rubio, Seyarto, and Umberg)
(Coauthors: Assembly Members Lackey, Pellerin, Blanca Rubio, Ting,
Wallis, and Wilson)
January 4, 2024
An act to add Section 465 to the Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
SB 905, as introduced, Wiener. Unlawful entry of a vehicle.
Existing law defines the crime of burglary to include entering a vehicle
when the doors are locked with the intent to commit grand or petit
larceny or a felony. Existing law makes the burglary of a vehicle
punishable as a misdemeanor or a felony.
This bill would make forcibly entering a vehicle, as defined, with the
intent to commit a theft therein a crime punishable by imprisonment in
a county jail for a period not to exceed one year or imprisonment in a
county jail for 16 months, or 2 or 3 years. By creating a new crime, this
bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
Packet Pg. 183
SB 905 —2—
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The people of the State of California do enact as follows:
1 SECTION 1. Section 465 is added to the Penal Code, to read:
2 465. (a) A person who forcibly enters a vehicle, as defined in
3 Section 670 of the Vehicle Code, with the intent to commit a theft
4 therein is guilty of unlawful entry of a vehicle.
5 (b) Unlawful entry of a vehicle is punishable by imprisonment
6 in a county jail for a period not to exceed one year or imprisonment
7 pursuant to subdivision (h) of Section 1170.
8 (c) As used in this section, forcible entry of a vehicle means the
9 entry of a vehicle accomplished through either of the following
10 means:
11 (1) Force that damages the exterior of the vehicle, including,
12 but not limited to, breaking a window, cutting a convertible top,
13 punching a lock, or prying open a door.
14 (2) Use of a tool or device that manipulates the locking
15 mechanism, including, without limitation, a slim jim or other
16 lockout tool, a shaved key, j iggler key, or lock pick, or an electronic
17 device such as a signal extender.
18 (d) No person may be convicted both pursuant to this section
19 and pursuant to Section 459.
20 SEC. 2. No reimbursement is required by this act pursuant to
21 Section 6 of Article XIIIB of the California Constitution because
22 the only costs that may be incurred by a local agency or school
23 district will be incurred because this act creates a new crime or
24 infraction, eliminates a crime or infraction, or changes the penalty
25 for a crime or infraction, within the meaning of Section 17556 of
26 the Government Code, or changes the definition of a crime within
27 the meaning of Section 6 of Article XIII B of the California
28 Constitution.
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SENATE BILL
No. 923
Introduced by Senator Archuleta
January 11, 2024
An act to amend Sections 459.5 and 490.2 of, and to add Section
666.1 to, the Penal Code, relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
SB 923, as introduced, Archuleta. Theft.
Existing law, the Safe Neighborhoods and Schools Act, enacted by
Proposition 47, as approved by the voters at the November 4, 2014,
statewide general election, defines and prohibits an act of shoplifting
and prohibits prosecution for an act of shoplifting under any other law.
Existing law defines shoplifting as entering a commercial establishment
with intent to commit larceny while the establishment is open during
regular business hours.
This bill would revise the definition of shoplifting to require an intent
to steal retail property or merchandise.
Existing law provides that a person with a prior conviction for
specified sex offenses may be charged with a felony for shoplifting or
for theft of property not exceeding $950 in value.
This bill would require a person convicted of petty theft or shoplifting,
if the person has 2 or more prior convictions for specified theft -related
offenses, to be punished by imprisonment in the county jail for up to
one year, or for 16 months, or 2 or 3 years, and would make conforming
changes.
This bill would provide that its provisions would become effective
only upon approval of the voters, and would provide for the submission
of its provisions to the voters for approval at the next statewide general
election.
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SB 923
—2—
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 459.5 of the Penal Code is amended to
2 read:
3 459.5. (a) Notwithstanding Section 459, shoplifting is defined
4 as entering a commercial establishment with:mem to ,.,.m mit
5 laree while that establishment is open during regular business
6 hours, with the intent to steal retail property or merchandise, where
7 the value of the property that is taken or intended to be taken does
8 not exceed nine hundred fifty dollars ($950). Any other entry into
9 a commercial establishment with intent to commit larceny is
10 burglary. Shoplifting shall be punished as a misdemeanor, except
11 that a person with one or more prior eonvietions for an offense
12
13 s4division (e) of Seetion 667 or for an offense re
14
15 . as follows:
16 (1) A person with one or more prior convictions for an offense
17 specified in clause (iv) of subparagraph (C) of paragraph (2) of
18 subdivision (e) of Section 667 or for an offense requiring
19 registration pursuant to subdivision (c) of Section 290 may be
20 punished pursuant to subdivision (h) of Section 1170.
21 (2) A person who meets the requirements of Section 666.1 may
22 be punished pursuant to that section.
23 (b) Any act of shoplifting as defined in subdivision (a) shall be
24 charged as shoplifting.-NoA person who is charged with shoplifting
25 may shall not also be charged with burglary or theft of the same
26 property.
27 (c) As used in this section, the following terms have the following
28 meanings:
29 (1) "Retail property or merchandise " means any article,
30 product, commodity, item, or component intended to be sold in
31 retail commerce.
32 (2) "Value" means the retail value of an item as advertised by
33 the affected retail establishment, including applicable taxes.
34 SEC. 2. Section 490.2 of the Penal Code is amended to read:
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1 490.2. (a) Notwithstanding Section 487 or any other provision
2 of law defining grand theft, obtaining any property by theft where
3 the value of the money, labor, real or personal property taken does
4 not exceed nine hundred fifty dollars ($950) shall be considered
5 petty theft and shall be punished as a misdemeanor, except 4-&I
6 sueh persen as follows:
7 (1) A person may instead be punished pursuant to subdivision
8 (h) of Section 1170 if that person has one or more prior convictions
9 for an offense specified in clause (iv) of subparagraph (C) of
10 paragraph (2) of subdivision (e) of Section 667 or for an offense
11 requiring registration pursuant to subdivision (c) of Section 290.
12 (2) A person who meets the requirements of Section 666.1 may
13 be punished pursuant to that section.
14 (b) This sections does not be appheable apply to any theft
15 that may be charged as an infraction pursuant to any other�reisten
16 of law.
17 (c) This sections does not apply to theft of a firearm.
18 SEC. 3. Section 666.1 is added to the Penal Code, to read:
19 666.1. (a) (1) Notwithstanding any other law, a person who
20 has two or more prior convictions for any of the offenses listed in
21 paragraph (2), and who is convicted of petty theft or shoplifting,
22 is punishable by imprisonment in the county jail not exceeding
23 one year, or pursuant to subdivision (h) of Section 1170.
24 (2) This section applies to the following offenses:
25 (A) Petty theft, as described in Section 488 or 490.2.
26 (B) Grand theft, as described in Chapter 5 (commencing with
27 Section 484) of Title 13.
28 (C) Theft from an elder or dependent adult as described in
29 Section 368.
30 (D) The theft or unauthorized use of a vehicle, as described in
31 Section 10851 of the Vehicle Code.
32 (E) Burglary, as described in Section 459.
33 (F) Carjacking, as described in Section 215.
34 (G) Robbery, as described in Section 211.
35 (H) Receiving stolen property, as described in Section 496.
36 (I) Shoplifting, as described in Section 459.5.
37 (J) Identity theft or mail theft, as described in Section 530.5.
38 (K) Embezzlement, as described in Chapter 6 (commencing
39 with Section 503) of Title 13.
40 (L) Organized retail theft, as described in Section 490.4.
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1 (b) This section does not preclude prosecution or punishment
2 pursuant to any other law.
3 SEC. 4. This act amends the Safe Neighborhoods and Schools
4 Act, an initiative statute approved by the voters at the November
5 4, 2014, statewide general election as Proposition 47, and shall
6 become effective only when submitted to and approved by the
7 voters. The Secretary of State shall submit this act for approval by
8 the voters at a statewide election in accordance with Section 9040
9 of the Elections Code.
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SENATE BILL
Introduced by Senator Mello
January 12, 2024
No. 928
An act to amend Section 490.4 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 928, as introduced, Niello. Crimes: organized theft.
Existing law, until January 1, 2026, makes a person guilty of organized
retail theft, punishable as a misdemeanor or a felony, as specified, if
the person acts in concert with one or more persons to steal merchandise
from one or more merchant's premises or online marketplaces with the
intent to sell or return the merchandise for value, acts in concert with
2 or more persons to receive, purchase, or possess merchandise knowing
or believing it to have been stolen, acts as an agent of another to steal
merchandise from one or more merchant's premises or online
marketplaces as part of an organized plan to commit theft, or recruits,
coordinates, organizes, supervises, directs, manages, or finances another
to undertake acts of theft.
This bill would extend the operation of the crime of organized retail
theft indefinitely. By extending the operation of an existing crime, this
bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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The people of the State of California do enact as follows:
1 SECTION 1. Section 490.4 of the Penal Code is amended to
2 read:
3 490.4. (a) A person who commits any of the following acts is
4 guilty of organized retail theft, and shall be punished pursuant to
5 subdivision (b):
6 (1) Acts in concert with one or more persons to steal
7 merchandise from one or more merchant's premises or online
8 marketplace with the intent to sell, exchange, or return the
9 merchandise for value.
10 (2) Acts in concert with two or more persons to receive,
11 purchase, or possess merchandise described in paragraph (1),
12 knowing or believing it to have been stolen.
13 (3) Acts as an agent of another individual or group of individuals
14 to steal merchandise from one or more merchant's premises or
15 online marketplaces as part of an organized plan to commit theft.
16 (4) Recruits, coordinates, organizes, supervises, directs,
17 manages, or finances another to undertake any of the acts described
18 in paragraph (1) or (2) or any other statute defining theft of
19 merchandise.
20 (b) Organized retail theft is punishable as follows:
21 (1) If violations of paragraph (1), (2), or (3) of subdivision (a)
22 are committed on two or more separate occasions within a
23 12-month period, and if the aggregated value of the merchandise
24 stolen, received, purchased, or possessed within that 12-month
25 period exceeds nine hundred fifty dollars ($950), the offense is
26 punishable by imprisonment in a county jail not exceeding one
27 year or pursuant to subdivision (h) of Section 1170.
28 (2) Any other violation of paragraph (1), (2), or (3) of
29 subdivision (a) that is not described in paragraph (1) of this
30 subdivision is punishable by imprisonment in a county jail not
31 exceeding one year.
32 (3) A violation of paragraph (4) of subdivision (a) is punishable
33 by imprisonment in a county jail not exceeding one year or
34 pursuant to subdivision (h) of Section 1170.
35 (c) For the purpose of determining whether the defendant acted
36 in concert with another person or persons in any proceeding, the
37 trier of fact may consider any competent evidence, including, but
38 not limited to, all of the following:
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1 (1) The defendant has previously acted in concert with another
2 person or persons in committing acts constituting theft, or any
3 related offense, including any conduct that occurred in counties
4 other than the county of the current offense, if relevant to
5 demonstrate a fact other than the defendant's disposition to commit
6 the act.
7 (2) That the defendant used or possessed an artifice, instrument,
8 container, device, or other article capable of facilitating the removal
9 of merchandise from a retail establishment without paying the
10 purchase price and use of the artifice, instrument, container, or
11 device or other article is part of an organized plan to commit theft.
12 (3) The property involved in the offense is of a type or quantity
13 that would not normally be purchased for personal use or
14 consumption and the property is intended for resale.
15 (d) In a prosecution under this section, the prosecutor shall not
16 be required to charge any other coparticipant of the organized retail
17 theft.
18 (e) Upon conviction of an offense under this section, the court
19 shall consider ordering, as a condition of probation, that the
20 defendant stay away from retail establishments with a reasonable
21 nexus to the crime committed.
22 ,
23 .
24 SEC. 2. No reimbursement is required by this act pursuant to
25 Section 6 of Article XIIIB of the California Constitution because
26 the only costs that may be incurred by a local agency or school
27 district will be incurred because this act creates a new crime or
28 infraction, eliminates a crime or infraction, or changes the penalty
29 for a crime or infraction, within the meaning of Section 17556 of
30 the Government Code, or changes the definition of a crime within
31 the meaning of Section 6 of Article XIII B of the California
32 Constitution.
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