AB 875: Petty theft: subsequent convictions.

Existing law establishes the penalty for petty theft as a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law, the 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, 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.

Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months up to 3 years. If the defendant completes the program, the criminal charges are dismissed.

This bill would expand the enhanced petty theft penalties described above to a person who has a prior conviction for any serious or violent felony, and to any person who has 3 or more prior convictions for crimes such as petty theft or shoplifting, grand theft, and burglary. The bill would also authorize a court to grant deferred entry of judgment, for no less than 18 months and no longer than 3 years, to a defendant who has 3 or more prior convictions for those theft-related crimes, under certain conditions, including that the court is satisfied that the defendant suffers from a drug or alcohol addiction and the court finds that the addiction played a significant role in the commission of the offense. The bill would provide that if the person performs satisfactorily during the period of deferred entry of judgment, the criminal charges would be dismissed. The bill would establish procedures for deferred entry of judgment, including requiring county probation departments to file progress reports as directed by the court. The bill would additionally make conforming changes.

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 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 statewide general election.