Home California Waldron Introduces Bill to Crack Down on Serial Shoplifters

Waldron Introduces Bill to Crack Down on Serial Shoplifters

Press Release

by ECT

SACRAMENTO – Assembly Republican Leader Marie Waldron (Valley Center) announced legislation to impose stricter sentences on shoplifters who are repeatedly caught stealing from California businesses. AB 1597 will give prosecutors the discretion to charge thieves with three or more prior convictions for theft or receiving stolen property with either misdemeanors or felonies, restoring penalties to pre-Prop. 47 levels for repeat offenders.

“I believe in second chances,” said Waldron. “But your fourth conviction for stealing is not a mistake – it’s a lifestyle, and one that demands more serious consequences than we currently have. Our justice system needs to focus more on rehabilitation, but the lack of accountability for criminal behavior makes it harder to connect people with the services and programs they need to turn their lives around.”

In the wake of Prop. 47, a number of retailers have announced plans to shut down or slash their hours in response to “off the charts” shoplifting.

The bill will ask voters to repeal a portion of Prop. 47 to allow a person with three or more convictions for petty theft, grand theft, elder financial abuse, auto theft, burglary, carjacking, robbery or felony receiving stolen property to be sentenced to up to three years in jail upon their fourth theft conviction.

Assembly Republican Leader Marie Waldron, R-Escondido, represents California’s 75th Assembly District, which includes the communities of Bonsall, Escondido, Fallbrook, Hidden Meadows, Rainbow, San Marcos, Temecula, Valley Center and Vista.

 


LEGISLATIVE COUNSEL’S DIGEST

AB 1597, as introduced, Waldron. Shoplifting: increased penalties for prior crimes.
The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor.
Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years.
This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting.
This bill would call a special election to be consolidated with the November 8, 2022, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the November 8, 2022, consolidated election.
This bill would declare that it is to take effect immediately as an act calling an election.

The people of the State of California do enact as follows:

SECTION 1.

Section 459.5 of the Penal Code is amended to read:

 

459.5.

(a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a as follows:

(1) A person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.
(2) A person who meets the requirements of subdivision (a) or (b) of Section 666 may be punished pursuant to that section.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No A person who is charged with shoplifting may not also be charged with burglary or theft of the same property.

 

SEC. 2.

Section 490.2 of the Penal Code is amended to read:

 

490.2.

(a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such as follows:

(1) A person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
(2) A person who meets the requirements of subdivision (a) or (b) of Section 666 may be punished pursuant to that section.
(b) This section shall not be applicable does not apply to any theft that may be charged as an infraction pursuant to any other provision of law.
(c) This section shall does not apply to theft of a firearm.

 

SEC. 3.

Section 666 of the Penal Code is amended to read:

 

666.

(a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, shoplifting, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony conviction of Section 496 and having served a term thereof in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft or shoplifting is punishable by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170.

(b) (1) Notwithstanding Section 490, any person described in subdivision (b) paragraph (2) who, having been convicted of petty theft, shoplifting, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.

(b)Subdivision (a)

(2) Paragraph (1) shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.
(c) This section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.

 

SEC. 4.

(a) Sections 1, 2, and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election.

(b) A special election is hereby called, to be held throughout the state on November 8, 2022, for approval by the voters of Sections 1, 2, and 3 of this act. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used.
(c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 1, 2, and 3 of this act to the voters for their approval at the November 8, 2022, statewide general election.

SEC. 5.

This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.

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1 comment

MEV Jan 8, 2022 - 6:29 am

About time! Yes, Prop 47 should be repealed and George Soros shouldn’t be allowed to buy Politicians like Gavin Newsom, Chesa Boudin, George Soros, Kamala Harris and the host of other “catch and release” DAs, Mayors, #AOC, and the rest of the squad, all over USA with the express intent of destroying and harming USA and it’s Citizens.

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