HomeMy WebLinkAboutAB 150 - Theft of FirearmsCITY OF PALM DESERT P,
REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
PUBLIC SAFETY COMMISSION
STAFF REPORT
CONSIDERATION TO APPROVE A RESOLUTION SUPPORTING AB 150
(MELENDEZ & GRAY) -THEFT OF FIREARMS.
Stephen Y. Aryan, Risk Manager
June 11, 2011
Model Resolution
AB 150 (Melendez & Gray) Bill Text
By Minute Motion, approve the attached model resolution supporting AB 150 (Melendez and
Gray).
Commission Recommendation
The Palm Desert Public Safety Commission recommended approval of a resolution supporting
AB 150 (Melendez & Gray). The Palm Desert Legislative Review Committee, at the time this
report was prepared, has not review this matter, as they are scheduled to meet on June 5, 2015.
Background
At the January 9, 2015, Coachella Valley Association of Governments (CVAG) Public Safety
Committee meeting, Riverside County District Attorney Michael Hestrin discussed Proposition 47.
California Proposition 47 reduces the classification of most "nonserious and nonviolent property
and drug crimes" from a felony to a misdemeanor. The measure was approved and took effect
immediately upon its passage on November 4, 2014. AB 150 requires an initiative statute be put
before the voters to amend Proposition 47 to make the theft of a firearm, valued at $950 or less, a
felony. 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.
CVAG staff prepared a model resolution for CVAG member jurisdictions consider for adoption.
Staff Report: AB 150 (Melendez & Gray)
June 11, 2015
Page 2 of 2
Fiscal Analysis
There is no direct fiscal impact related to the City's support of AB 150.
Submitted By:
Stephen Y. Aryah,/Risk Manager
OAF
M. Wohlmuth, City Manager
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT TO
SUPPORT ASSEMBLY BILL 150 (MELENDEZ AND GRAY) THAT WOULD MAKE
BUYING OR RECEIVING A STOLEN FIREARM $950 OR LESS A FELONY
WHEREAS, existing law states that the theft of a firearm is grand theft,
punishable as a felony by imprisonment in the state prison for 16 months, or 2 or 3
years;
WHEREAS, the Safe Neighborhoods and Schools Act, enacted by Proposition
47, as approved by voters at the November 4, 2014, statewide general election,
notwithstanding these provisions, instead requires theft of a property that does not
exceed $950 to be considered petty theft; and
WHEREAS, makes the crime punishable as a misdemeanor, except in cases
when the defendant had previously been convicted of one or more specified serious or
violent felonies or an offense requiring registration as a sex offender; and
WHEREAS, AB150 (Melendez and Gray) is an important clean-up provision that
would make the theft of a firearm $950 or less grand theft in all cases, punishable by
imprisonment in the state prison for 16 months, or 2 or 3 years; and
WHEREAS, AB 150 that would make buying or receiving a stolen firearm valued
at $950 or less is a felony offense; and
WHEREAS, theft of a firearm is a serious matter, and should be treated as such
irrespective of Proposition 47; and
WHEREAS, the California Constitution authorizes the Legislature to amend or
repeal an initiative statute that becomes effective when approved by the electors; and
WHEREAS, legislation would provide that it would become effective only upon
approval of the votes, and would provide for the submission of this measure to the votes
for approval at the next statewide general election; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT HEREBY DECLARES THE PUBLIC SAFETY NEED FOR
ASSEMBLY BILL 150 THAT WOULD MAKE BUYING OR RECEIVING A FIREARM A
MISDEMEANOR OR FELONY.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, on this 111h day of June, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
AMENDED IN ASSEMBLY MARCH 18, 2015
AMENDED IN ASSEMBLY FEBRUARY 10, 2015
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 150
Introduced by Assembly Members Melendez and Gray
(Coauthors: Assembly Members Travis Allen, Baker, Brown, Chdvez,
Dodd, Beth Gaines, Gallagher, Gonzalez, Jones, Lackey, Linder,
Mayes, Olsen, Waldron, and Wilk)
(Coauthors: Senators Anderson, Bates, Huff, Nielsen, and Stone)
January 15, 2015
An act to amend Sections 490.2 and 496 of the Penal Code, relating
to theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 150, as amended, Melendez. Theft: firearms.
(1) Existing law states that the theft of a firearm is grand theft,
punishable as a felony by imprisonment in the state prison for 16
months, or 2 or 3 years. The Safe Neighborhoods and Schools Act,
enacted by Proposition 47, as approved by the voters at the November
4, 2014, statewide general election, notwithstanding these provisions,
instead requires the theft of property that does not exceed $950 to be
considered petty theft, and makes the crime punishable as a
misdemeanor, except in cases when the defendant has previously been
convicted of one or more specified serious or violent felonies or an
offense requiring registration as a sex offender.
This bill would make the theft of a firearm grand theft in all cases,
punishable by imprisonment in the state prison for 16 months, or 2 or
3 years.
97
AB 150 — 2
(2) Under existing law, every person who buys or receives any
property that has been stolen, 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 make buying or receiving a stolen firearm a
misdemeanor or a felony.
(3) The California Constitution authorizes the Legislature to amend
or repeal an initiative statute by another statute that becomes effective
when approved by the electors.
This bill would provide that it would become effective only upon
approval of the voters, and would provide for the submission of this
measure 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 1. (a) The Legislature in submitting this act to the
2 electors 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 nine hundred fifty
7 dollars ($950). The threat to public safety in regard to stolen
8 firearms goes above and beyond 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
I 1 that existed prior to the passage of the Safe Neighborhoods and
12 Schools Act 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 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:
97
-3— AB 150
1 490.2. (a) Notwithstanding Section 487 or any other law
2 defining grand theft, except as provided in subdivision (c),
3 obtaining property by theft where the value of the money,
4 labor, real property, or personal property taken does not exceed
5 nine hundred fifty dollars ($950) shall is petty theft
6 and shall be punished as a misdemeanor, except that the person
7 may instead be punished pursuant to subdivision (h) of Section
8 1 170 if that person has one or more prior convictions for an offense
9 specified in clause (iv) of subparagraph (C) of paragraph (2) of
10 subdivision (e) of Section 667 or for an offense requiring
1 1 registration pursuant to subdivision (c) of Section 290.
12 (b) This section does not apply to —wry, a theft that may be
13 charged as an infraction pursuant to any other law.
14 (c) If the property taken is a firearm, the theft is grand theft in
15 all cases, as specified in paragraph (2) of subdivision (d) of Section
16 487, and is punishable pursuant to subdivision (a) of Section 489.
17 SEC. 3. Section 496 of the Penal Code is amended to read:
18 496. (a) (1) Every person who buys or receives any property
19 that has been stolen or that has been obtained in any manner
20 constituting theft or extortion, knowing the property to be so stolen
21 or obtained, or who conceals, sells, withholds, or aids in
22 concealing, selling, or withholding any property from the owner,
23 knowing the property to be so stolen or obtained, shall be punished
24 by imprisonment in a county jail for not more than one year, or
25 imprisonment pursuant to subdivision (h) of Section 1170.
26 However, except as provided in subdivision (e), if the value of the
27 property does not exceed nine hundred fifty dollars ($950), the
28 offense shall be is a misdemeanor, punishable only by
29 imprisonment in a county jail not exceeding one year, if the person
30 has no prior convictions for an offense specified in clause (iv) of
31 subparagraph (C) of paragraph (2) of subdivision (e) of Section
32 667 or for an offense requiring registration pursuant to subdivision
33 (c) of Section 290.
34 -4
35 (2) A principal in the actual theft of the property may be
36 convicted pursuant to this section. However, no person may a
37 person may not be convicted both pursuant to this section and of
38 the theft of the same property.
39 (b) (1) Every swap meet vendor, as defined in Section 21661
40 of the Business and Professions Code, and every person whose
97
AB 150 —4-
1 principal business is dealing in, or collecting, merchandise or
2 personal property, and every agent, employee, or representative
3 of that person, who buys or receives -any property of a value in
4 excess of nine hundred fifty dollars ($950) that has been stolen or
5 obtained in any manner constituting theft or extortion, under
6 circumstances that should cause the person, agent, employee, or
7 representative to make reasonable inquiry to ascertain that the
8 person from whom the property was bought or received had the
9 legal right to sell or deliver it, without making a reasonable inquiry,
10 shall be punished by imprisonment in a county jail for not more
11 than one year, or imprisonment pursuant to subdivision (h) of
12 Section 1170.
13 fiery
14 (2) Every swap meet vendor, as defined in Section 21661 of the
15 Business and Professions Code, and every person whose principal
16 business is dealing in, or collecting, merchandise or personal
17 property, and every agent, employee, or representative of that
18 person, who buys or receives -ay property of a value of nine
19 hundred fifty dollars ($950) or less that has been stolen or obtained
20 in any manner constituting theft or extortion, under circumstances
21 that should cause the person, agent, employee, or representative
22 to make reasonable inquiry to ascertain that the person from whom
23 the property was bought or received had the legal right to sell or
24 deliver it, without making a reasonable inquiry, shall be guilty of
25 a misdemeanor.
26 (c) Airy -A person who has been injured by a violation of
27 subdivision (a) or (b) may bring an action for three times the
28 amount of actual damages, if any, sustained by the plaintiff, costs
29 of suit, and reasonable attorney's fees.
30 (d) Notwithstanding Section 664,-any an attempt to commit any
31 act prohibited by this section, except an offense specified in the
32 accusatory pleading as a misdemeanor, is punishable by
33 imprisonment in a county jail for not more than one year, or by
34 imprisonment pursuant to subdivision (h) of Section 1170.
35 (e) Notwithstanding subdivision (a), every person who buys or
36 receives a firearm that has been stolen or that has been obtained
37 in any manner constituting theft or extortion, knowing the property
38 to be so stolen or obtained, or who conceals, sells, withholds, or
39 aids in concealing, selling, or withholding any property from the
40 owner, knowing the property to be so stolen or obtained, shall be
97
5 — AB 150
1 punished by imprisonment in a county jail for not more than one
2 year, or imprisonment pursuant to subdivision (h) of Section 1170.
3 SEC. 4. Sections 2 and 3 of this act amend the Safe
4 Neighborhoods and Schools Act, Proposition 47, an initiative
5 statute, and shall become effective only when submitted to and
6 approved by the voters. The Secretary of State shall submit
7 Sections 1, 2, and 3 of this act for approval by the voters at a
8 statewide election in accordance with Section 9040 of the Elections
9 Code.
n
97