BILL NUMBER: AB 1176 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 7, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Perea Cooper
FEBRUARY 27, 2015
An act to amend Section 44272 of, and to add Chapter 8.8
(commencing with Section 44269) to Part 5 of Division 26 of, the
Health and Safety Code, relating to vehicular air pollution, and
declaring the urgency thereof, to take effect immediately.
An act to amend Sections 490.2, 496, and 29805 of the Penal
Code, relating to theft, and calling an election, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1176, as amended, Perea Cooper .
Vehicular air pollution. Theft: firearms.
(1) 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 California Constitution authorizes the Legislature to amend an
initiative statute by another statute that becomes effective only
when approved by the electors.
This bill would amend that initiative statute by making the theft
of a firearm grand theft in all cases and punishable by imprisonment
in the state prison for 16 months, or 2 or 3 years.
(2) Under existing law, a person who buys or receives property
that has been stolen, knowing the property to be stolen, or who
conceals, sells, withholds, or aids in concealing, selling, or
withholding property from the owner, knowing the property to be
stolen, is guilty of a misdemeanor or a felony, except that if the
value of the property does not exceed $950, Proposition 47 makes the
offense punishable as a misdemeanor if the defendant has not
previously been convicted of one or more specified serious or violent
felonies or an offense requiring registration as a sex offender.
This bill would amend that initiative statute by making the buying
or receiving of a stolen firearm, with knowledge that the property
was stolen, or the concealing, selling, withholding, or aiding in
concealing, selling, or withholding of a firearm, with knowledge that
the property was stolen, a misdemeanor or a felony.
(3) Existing law generally prohibits a person who has been
convicted of certain misdemeanors from possessing a firearm within 10
years of the conviction. Under existing law, a violation of this
prohibition is a crime, punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding $1,000, or by both that imprisonment and fine.
This bill would add to the list of misdemeanors, the conviction
for which is subject to the above prohibition on possessing a firearm
within 10 years of the conviction, the petty theft of a firearm and
the buying, receiving, concealing, selling, withholding, or aiding in
concealing, selling, or withholding, of stolen property consisting
of a firearm, as specified. Because a violation of this provision
would be a 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.
(4) This bill would call a special election to be consolidated
with the November 8, 2016, statewide general election. This bill
would require the Secretary of State to submit the provisions of the
bill that amend the initiative statute, as described in (1) and (2)
above, to the electors for their approval at the November 8, 2016,
consolidated election.
This bill would declare that it is to take effect immediately as
an act calling an election.
(1) Existing law establishes the California Alternative and
Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction
Act of 2007, which includes the Alternative and Renewable Fuel and
Vehicle Technology Program, administered by the State Energy
Resources Conservation and Development Commission, and the Air
Quality Improvement Program, administered by the State Air Resources
Board. Existing law requires the emphasis of the Alternative and
Renewable Fuel and Vehicle Technology Program to be to develop and
deploy technology and alternative and renewable fuels in the
marketplace, without adopting any one preferred fuel or technology.
Existing law requires the primary purpose of the Air Quality
Improvement Program to be the funding of projects to reduce criteria
air pollutants, to improve air quality, and to fund research to
determine and improve the air quality impacts of alternative
transportation fuels and vehicles, vessels, and equipment
technologies.
This bill would establish the Advanced Low-Carbon Diesel Fuels
Access Program, to be administered by the commission, in consultation
with the state board, for the purpose of reducing the greenhouse gas
emissions of diesel motor vehicles by providing capital assistance
for projects that expand advanced low-carbon diesel fueling
infrastructure in communities that are disproportionately impacted by
environmental hazards and additionally where the greatest air
quality impacts can be identified.
This bill would authorize the commission as part of the
Alternative and Renewable Fuel and Vehicle Technology Program to
amend a contract, grant, loan, or other agreement or award to extend
the terms of that contract, grant, loan, or other agreement or award
by 2 years if the moneys are reprioritized by the commission to apply
toward a project that provides benefits to disadvantaged
communities.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) In submitting this act to the
electors, the Legislature finds and declares all of the following:
(1) The theft of firearms and receipt of stolen firearms pose
dangers to public safety that are different in kind from other types
of theft or the receipt of other types of stolen property.
(2) Many handguns have a value of less than nine hundred fifty
dollars ($950). The threat to public safety in regard to stolen
firearms goes above and beyond the monetary value of the firearm.
(3) Given the significant and particular threat to public safety
in regard to stolen firearms, it is appropriate to restore the
penalties that existed prior to the passage of the Safe Neighborhoods
and Schools Act in regard to stolen firearms.
(b) It is not the intent of the Legislature in submitting this act
to the electors to undermine the voter's decision to decrease
penalties for low-level theft and receiving stolen property, only to
give the voters the opportunity to decide whether firearm thefts and
the receipt of stolen firearms should be subject to penalties that
existed prior to the passage of the Safe Neighborhoods and Schools
Act.
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, except as
provided in subdivision (c), obtaining any
property by theft where the value of the money, labor, real
property, or personal property taken does not exceed nine
hundred fifty dollars ($950) shall be considered
is petty theft and shall be punished as a misdemeanor,
except that such the 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.
(b) This section shall does not
be applicable apply to any
a theft that may be charged as an infraction
pursuant to any other provision of law.
(c) If the property taken is a firearm, the theft is grand theft
in all cases, as specified in paragraph (2) of subdivision (d) of
Section 487, and is punishable pursuant to subdivision (a) of Section
489.
SEC. 3. Section 496 of the Penal Code
is amended to read:
496. (a) (1) Every person who buys or
receives any property that has been stolen or that has been obtained
in any manner constituting theft or extortion, knowing the property
to be so stolen or obtained, or who conceals, sells, withholds, or
aids in concealing, selling, or withholding any property from the
owner, knowing the property to be so stolen or obtained, shall be
punished by imprisonment in a county jail for not more than one year,
or imprisonment pursuant to subdivision (h) of Section 1170.
However, except as provided in subdivision (e), if the
value of the property does not exceed nine hundred fifty dollars
($950), the offense shall be is a
misdemeanor, punishable only by imprisonment in a county jail not
exceeding one year, if such the person
has no 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.
A
(2) A principal in the actual
theft of the property may be convicted pursuant to this section.
However, no a person may not
be convicted both pursuant to this section and of the theft of the
same property.
(b) (1) Every swap meet vendor, as defined
in Section 21661 of the Business and Professions Code, and every
person whose principal business is dealing in, or collecting,
merchandise or personal property, and every agent, employee, or
representative of that person, who buys or receives any
property of a value in excess of nine hundred fifty dollars
($950) that has been stolen or obtained in any manner constituting
theft or extortion, under circumstances that should cause the person,
agent, employee, or representative to make reasonable inquiry to
ascertain that the person from whom the property was bought or
received had the legal right to sell or deliver it, without making a
reasonable inquiry, shall be punished by imprisonment in a county
jail for not more than one year, or imprisonment pursuant to
subdivision (h) of Section 1170.
Every
(2) Every swap meet vendor, as
defined in Section 21661 of the Business and Professions Code, and
every person whose principal business is dealing in, or collecting,
merchandise or personal property, and every agent, employee, or
representative of that person, who buys or receives any
property of a value of nine hundred fifty dollars ($950) or
less that has been stolen or obtained in any manner constituting
theft or extortion, under circumstances that should cause the person,
agent, employee, or representative to make reasonable inquiry to
ascertain that the person from whom the property was bought or
received had the legal right to sell or deliver it, without making a
reasonable inquiry, shall be guilty of a misdemeanor.
(c) Any A person who has been
injured by a violation of subdivision (a) or (b) may bring an action
for three times the amount of actual damages, if any, sustained by
the plaintiff, costs of suit, and reasonable attorney's fees.
(d) Notwithstanding Section 664, any an
attempt to commit any act prohibited by this section, except an
offense specified in the accusatory pleading as a misdemeanor, is
punishable by imprisonment in a county jail for not more than one
year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(e) Notwithstanding subdivision (a), a person who buys or receives
a firearm that has been stolen or that has been obtained in any
manner constituting theft or extortion, knowing the property to be so
stolen or obtained, or who conceals, sells, withholds, or aids in
concealing, selling, or withholding a firearm from the owner, knowing
the property to be so stolen or obtained, shall be punished by
imprisonment in a county jail for not more than one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
SEC. 4. Section 29805 of the Penal Code
is amended to read:
29805. Except as provided in Section 29855 or subdivision (a) of
Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, paragraph (1) of subdivision (a) of
Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,
245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the
property taken was a firearm, 496 if the property consists of a
firearm, 626.9, 646.9, or 830.95, subdivision (a) of former
Section 12100, as that section read at any time from when it was
enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when
it was repealed by Section 18 of Chapter 23 of the Statutes of 1994,
Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b)
or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or
8103 of the Welfare and Institutions Code, any firearm-related
offense pursuant to Sections 871.5 and 1001.5 of the Welfare and
Institutions Code, or of the conduct punished in subdivision (c) of
Section 27590, and who, within 10 years of the conviction, owns,
purchases, receives, or has in possession or under custody or
control, any firearm is guilty of a public offense, which shall be
punishable by imprisonment in a county jail not exceeding one year or
in the state prison, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. The court, on forms
prescribed by the Department of Justice, shall notify the department
of persons subject to this section. However, the prohibition in this
section may be reduced, eliminated, or conditioned as provided in
Section 29855 or 29860.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 6. (a) Sections 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, 2016, for approval by the voters of Sections 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 2 and 3 of this act to the
voters for their approval at the November 8, 2016, statewide general
election.
SEC. 7. This act calls an election within the
meaning of Article IV of the Constitution and shall go into immediate
effect. All matter omitted in this version of the bill appears
in the bill as amended in the Senate, August 18, 2015. (JR11)