HomeMy WebLinkAboutAB1869 - Theft of FirearmsCITY OF PALM DESERT
REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
PUBLIC SAFETY COMMISSION
STAFF REPORT
CONSIDERATION TO APPROVE A LETTER SUPPORTING AB 1869
(MELENDEZ & GRAY) -THEFT OF FIREARMS.
Stephen Y. Aryan, Risk Manager
April 28, 2016
AB 1869 (Melendez & Gray) Bill Text
By Minute Motion, approve a letter of support for AB 1869 (Melendez & Gray).
Commission Recommendation
The Palm Desert Legislative Review Committee recommended sending a letter of support for
AB 1869 (Melendez & Gray) at their April 8, 2016, meeting.
Background
Proposition 47, also known as the Safe Neighborhoods and Schools Act, was approved by
the voters in November 2014. Proposition 47 reduced the penalties for certain drug and
property crimes. Specifically, the initiative reduced the penalties for theft, shoplifting,
receiving stolen property, writing bad checks, and check forgery valued at $950 or less from
felonies to misdemeanors. The measure limited the reduced penalties to offenders who do
not have prior convictions for serious or violent felonies and who are not required to register
as sex offenders.
AB 1869 restores the penalties for firearm theft, which were in place prior to the passage of
Proposition 47, by making theft of a firearm a felony grand theft in all cases, and making
buying or receiving a stolen firearm a felony/misdemeanor offense. The proposed
amendments to statute do require a simple majority of the electorate at the next statewide
election. Specifically, this bill:
1. Includes theft of a firearm, without regard to dollar value, in the definition of grand
theft, and makes the crime punishable in state prison for 16 months, or two or three
years.
2. States that every person who buys or receives a stolen firearm is guilty of an alternate
felony/misdemeanor offense punishable by imprisonment in the county jail for a period
of not more than one year, or by imprisonment in the county jail pursuant to
realignment.
3. Provides that this bill amends Proposition 47, the Safe Neighborhoods and Schools
Act, and shall become effective only when submitted to and approved by the voters.
Staff Report: AB 1869 (Melendez & Gray)
April 28, 2016
Page 2 of 2
There are numerous supporters of this bill including, but not limited to, the League of
California Cities, California District Attorneys Association (co-sponsor), California Peace
Officers' Association (co-sponsor), and the National Rifle Association. Opposition for this bill
has been voiced by the American Civil Liberties Union of California, California Attorneys for
Criminal Justice, and Legal Services for Prisoner with Children.
Given the significant and particular threat to public safety in regard to stolen firearms, staff
recommends a letter of support be drafted for AB 1869 (Melendez & Gray).
Fiscal Analvsis
There is no direct fiscal impact related to the City's support of AB 1869.
Submitted By:
Stephe6_Y. Aran, Risk Ma ager
Jus ' cCarthy, Interim City ager
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL
No. 1869
Introduced by Assembly Members Melendez and Gray
(Coauthors: Assembly Members Travis Allen, Baker, Brown,
Chavez, Dodd, Beth Gaines, Gallagher, Jones, Lackey, Linder,
Mayes, Olsen, Patterson, Waldron, and Wilk)
(Coauthors: Senators Anderson, Bates, Block, Huff, Nielsen, and Stone)
February 10, 2016
An act to amend Sections 490.2 and 496 of the Penal Code, relating
to theft, and calling an election, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1869, as introduced, Melendez. 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
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AB 1869 —2—
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 of 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) 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 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.
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. (a) In submitting this act to the electors, the
2 Legislature finds and declares all of the following:
3 (1) The theft of firearms and receipt of stolen firearms pose
4 dangers to public safety that are different in kind from other types
5 of theft or the receipt of other types of stolen property.
6 (2) Many handguns have a value of less than $950. The threat
7 to public safety in regard to stolen firearms goes above and beyond
8 the monetary value of the firearm.
9 (3) Given the significant and particular threat to public safety
10 in regard to stolen firearms, it is appropriate to restore the penalties
11 that existed prior to the passage of the Safe Neighborhoods and
12 Schools Act of 2014 in regard to stolen firearms.
13 (b) It is not the intent of the Legislature in submitting this act
14 to the electors to undermine the voters' decision to decrease
15 penalties for low-level theft and receiving stolen property, only to
16 give the voters the opportunity to decide whether firearm thefts
17 and the receipt of stolen firearms should be subject to penalties
18 that existed prior to the passage of the Safe Neighborhoods and
19 Schools Act.
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1 SEC. 2. Section 490.2 of the Penal Code is amended to read:
2 490.2. (a) Notwithstanding Section 487 or any other . is.
3 of law defining grand theft, except as provided in subdivision (c),
4 obtaining property by theft where the value of the money,
5 labor, real property, or personal property taken does not exceed
6 nine hundred fifty dollars ($950) shall be eansidered is petty theft
7 and shall be punished as a misdemeanor, except that-stteh the
8 person may instead be punished pursuant to subdivision (h) of
9 Section 1170 if that person has one or more prior convictions for
10 an offense specified in clause (iv) of subparagraph (C) of paragraph
11 (2) of subdivision (e) of Section 667 or for an offense requiring
12 registration pursuant to subdivision (c) of Section 290.
13 (b) This section -shall does not be applieable apply tom a theft
14 that may be charged as an infraction pursuant to any otherprevisiort
15 of law.
16 (c) If the property taken is a firearm, the theft is grand theft in
17 all cases, as specified in paragraph (2) of subdivision (d) of Section
18 487, and is punishable pursuant to subdivision (a) of Section 489.
19 SEC. 3. Section 496 of the Penal Code is amended to read:
20 496. (a) (1) Every person who buys or receives any property
21 that has been stolen or that has been obtained in any manner
22 constituting theft or extortion, knowing the property to be so stolen
23 or obtained, or who conceals, sells, withholds, or aids in
24 concealing, selling, or withholding any property from the owner,
25 knowing the property to be so stolen or obtained, shall be punished
26 by imprisonment in a county jail for not more than one year, or
27 imprisonment pursuant to subdivision (h) of Section 1170.
28 However, except as provided in subdivision (e), if the value of the
29 property does not exceed nine hundred fifty dollars ($950), the
30 offense .-Lull be is a misdemeanor, punishable only by
31 imprisonment in a county jail not exceeding one year, if-suek the
32 person has no prior convictions for an offense specified in clause
33 (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of
34 Section 667 or for an offense requiring registration pursuant to
35 subdivision (c) of Section 290.
36 A
37 (2) A principal in the actual theft of the property may be
38 convicted pursuant to this section. However,-tto a person may not
39 be convicted both pursuant to this section and of the theft of the
40 same property.
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AB 1869 — 4 —
1 (b) (1) Every swap meet vendor, as defined in Section 21661
2 of the Business and Professions Code, and every person whose
3 principal business is dealing in, or collecting, merchandise or
4 personal property, and every agent, employee, or representative
5 of that person, who buys or receives property of a value in
6 excess of nine hundred fifty dollars ($950) that has been stolen or
7 obtained in any manner constituting theft or extortion, under
8 circumstances that should cause the person, agent, employee, or
9 representative to make reasonable inquiry to ascertain that the
10 person from whom the property was bought or received had the
11 legal right to sell or deliver it, without making a reasonable inquiry,
12 shall be punished by imprisonment in a county jail for not more
13 than one year, or imprisonment pursuant to subdivision (h) of
14 Section 1170.
15 fiery
16 (2) Every swap meet vendor, as defined in Section 21661 of the
17 Business and Professions Code, and every person whose principal
18 business is dealing in, or collecting, merchandise or personal
19 property, and every agent, employee, or representative of that
20 person, who buys or receives- property of a value of nine
21 hundred fifty dollars ($950) or less that has been stolen or obtained
22 in any manner constituting theft or extortion, under circumstances
23 that should cause the person, agent, employee, or representative
24 to make reasonable inquiry to ascertain that the person from whom
25 the property was bought or received had the legal right to sell or
26 deliver it, without making a reasonable inquiry, shall be guilty of
27 a misdemeanor.
28 (c) Amy -A person who has been injured by a violation of
29 subdivision (a) or (b) may bring an action for three times the
30 amount of actual damages, if any, sustained by the plaintiff, costs
31 of suit, and reasonable attorney's fees.
32 (d) Notwithstanding Section 664,E an attempt to commit any
33 act prohibited by this section, except an offense specified in the
34 accusatory pleading as a misdemeanor, is punishable by
35 imprisonment in a county jail for not more than one year, or by
36 imprisonment pursuant to subdivision (h) of Section 1170.
37 (e) Notwithstanding subdivision (a), a person who buys or
38 receives a firearm that has been stolen or that has been obtained
39 in any manner constituting theft or extortion, knowing the property
40 to be so stolen or obtained, or who conceals, sells, withholds, or
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-5— AB 1869
1 aids in concealing, selling, or withholding a firearm from the
2 owner, knowing the property to be so stolen or obtained, shall be
3 punished by imprisonment in a countyjail for not more than one
4 year, or imprisonment pursuant to subdivision (h) of Section 1170.
5 SEC. 4. (a) Sections 2 and 3 of this act amend the Safe
6 Neighborhoods and Schools Act, Proposition 47, an initiative
7 statute, and shall become effective only when submitted to and
8 approved by the voters at a statewide election.
9 (b) A special election is hereby called, to be held throughout
10 the state on November 8, 2016, for approval by the voters of
11 Sections 2 and 3 of this act. The special election shall be
12 consolidated with the statewide general election to be held on that
13 date. The consolidated election shall be held and conducted in all
14 respects as if there were only one election, and only one form of
15 ballot shall be used.
16 (c) Notwithstanding the requirements of Sections 9040, 9043,
17 9044, 9061, 9082, and 9094 of the Elections Code, or any other
18 law, the Secretary of State shall submit Sections 2 and 3 of this
19 act to the voters for their approval at the November 8, 2016,
20 statewide general election.
21 SEC. 5. This act calls an election within the meaning of Article
22 IV of the Constitution and shall go into immediate effect.
❑c
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