HomeMy WebLinkAboutAB2854 - Theft of FirearmsREQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
r
CITY OF PALM DESERT L---
PUBLIC SAFETY COMMISSION
STAFF REPORT
CONSIDERATION TO APPROVE A LETTER SUPPORTING AB 2854
(COOPER) -THEFT OF FIREARMS.
Stephen Y. Aryan, Risk Manager
April 28, 2016
AB 2854 (Cooper) Bill Text
By Minute Motion, approve a letter of support for AB 2854 (Cooper).
Commission Recommendation
The Palm Desert Legislative Review Committee recommended sending a letter of support for
AB 2854 (Cooper) 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 2854 enacts a special election to amend Proposition 47 and make the theft of a firearm
grand theft in all cases and punishable by a state prison term. Specifically, this bill:
1. Declares that the theft of a firearm is grand theft in all cases, punishable by
imprisonment in the 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. Calls for a special election to be held on November 8, 2016, for voter approval of these
provisions.
4. Requires consolidation of the special election with the statewide general election to be
held on that date.
Staff Report: AB 2854 (Cooper)
April 28, 2016
Page 2of2
5. Requires the consolidated election be held and conducted in all respects as if there
were only one election, and only one form of ballot shall be used.
6. Waives specified Election Code requirements to submit these provisions to the voters
on the November 8, 2016 election.
There are numerous supporters of this bill including, but not limited to the California District
Attorneys Association, California Retailers Association, and the California State Sheriff's
Association. Opposition for this bill has been voiced by the American Civil Liberties Union,
California Attorneys for Criminal Justice, and California Public Defenders Association. Given
the significant and particular threat to public safety in regard to stolen firearms, staff
recommends a letter of support be drafted for AB 2854 (Cooper).
Fiscal Analvsis
There is no direct fiscal impact related to the City's support of AB 2854.
Submitted By:
Stephen(Y. Aryan, Risk Alan I
er
Ju in cCarthy, Interim M anager
AMENDED IN ASSEMBLY APRIL 13, 2016
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 2854
Introduced by Assembly Member Cooper
(Coauthor: Senator Galgiani)
February 19, 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 2854, as amended, Cooper. 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 properly 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
98
AB 2854 —2—
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
itme- , November 8, 2016, statewideFrnmary 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 itme 7, 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 voter's 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.
20 SEC. 2. Section 490.2 of the Penal Code is amended to read:
98
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-3— AB 2854
490.2. (a) Notwithstanding Section 487 or any other law
defining grand theft, except as provided in subdivision (c),
obtaining property by theft where the value of the money, labor,
real property, or personal property taken does not exceed nine
hundred fifty dollars ($950) is petty theft and shall be punished as
a misdemeanor, except that 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 does not apply to a theft that may be charged
as an infraction pursuant to any other 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 is a misdemeanor, punishable only by imprisonment in a
county jail not exceeding one year, if 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.
(2) A principal in the actual theft of the property may be
convicted pursuant to this section. However, 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
98
AB 2854
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
—4—
personal property, and every agent, employee, or representative
of that person, who buys or receives 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.
(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 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) 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, 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.
98
-5— AB 2854
1 SEC. 4. (a) Sections 2 and 3 of this act amend the Safe
2 Neighborhoods and Schools Act, Proposition 47, an initiative
3 statute, and shall become effective only when submitted to and
4 approved by the voters at a statewide election.
5 (b) A special election is hereby called, to be held throughout
6 the state on 7-, November 8, 2016, for approval by the voters
7 of Sections 2 and 3 of this act. The special election shall be
8 consolidated with the statewide ,,.:...... j general election to be
9 held on that date. The consolidated election shall be held and
10 conducted in all respects as if there were only one election, and
11 only one form of ballot shall be used.
12 (c) Notwithstanding the requirements of Sections 9040, 9043,
13 9044, 9061, 9082, and 9094 of the Elections Code, or any other
14 law, the Secretary of State shall submit Sections 2 and 3 of this
15 act to the voters for their approval at the 3tme 7, November 8, 2016,
16 statewide general election.
17 SEC. 5. This act calls an election within the meaning ofArticle
18 IV of the Constitution and shall go into immediate effect.
0
98