AB 1065: Theft: aggregation: organized retail theft.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-27
(1)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, requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property.
This bill would, until January 1, 2021, create the crime of organized retail theft which would be defined as acting in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of a plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft. The bill would make these crimes punishable as either misdemeanors or felonies, as specified. By creating new crimes, this bill would impose a state-mandated local program.
(2)Under existing law, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory.
This bill would, until January 1, 2021, additionally establish the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses.
(3)Existing law generally requires that a person arrested for a misdemeanor be released on written notice to appear in court. Existing law allows a peace officer to retain a person in custody on an arrest for a misdemeanor if, among other reasons, there are one or more outstanding arrest warrants for the person, there is reason to believe the person will not appear in court, or there is a reasonable likelihood that the offense will continue or resume.
This bill would, until January 1, 2021, allow a peace officer to retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations, if he or she has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous 6 months, or if there is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.
(4)Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, as specified.
This bill would, until January 1, 2021, authorize the issuance of a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges in the previous 6 months.
(5)Existing law authorizes a court, with the consent of the defendant and a waiver of the defendants speedy trial right, to postpone prosecution of a misdemeanor and place the defendant in a pretrial diversion program or a deferred entry of judgment program under specified situations.
This bill would, until January 1, 2021, authorize a city or county prosecuting attorney or a county probation department to create a diversion or deferred entry of judgment program for persons who commit repeat theft offenses, as specified. Under the program, the prosecuting attorney may enter into a written agreement to refrain from or defer prosecution on the offense or offenses if the person completes program requirements such as community service and makes adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen.
(6)Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.
This bill would, until January 1, 2021, additionally require the board to, upon appropriation by the Legislature, award funding for a grant program to 4 or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers through the use of risk assessments at sentencing and formal probation. The bill would require the board to develop reporting requirements for each county, as specified, and would require the board to prepare and distribute a report that compiles this information, as specified.
The bill would also, until January 1, 2021, require the Department of the California Highway Patrol to, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary. The bill would require the task force to provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.
(7)The bill would provide that its provisions are severable.
(8)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property.
This bill would, until January 1, 2021, create the crime of organized retail theft which would be defined as acting in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of a plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft. The bill would make these crimes punishable as either misdemeanors or felonies, as specified. By creating new crimes, this bill would impose a state-mandated local program.
(2)Under existing law, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory.
This bill would, until January 1, 2021, additionally establish the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses.
(3)Existing law generally requires that a person arrested for a misdemeanor be released on written notice to appear in court. Existing law allows a peace officer to retain a person in custody on an arrest for a misdemeanor if, among other reasons, there are one or more outstanding arrest warrants for the person, there is reason to believe the person will not appear in court, or there is a reasonable likelihood that the offense will continue or resume.
This bill would, until January 1, 2021, allow a peace officer to retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations, if he or she has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous 6 months, or if there is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.
(4)Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, as specified.
This bill would, until January 1, 2021, authorize the issuance of a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges in the previous 6 months.
(5)Existing law authorizes a court, with the consent of the defendant and a waiver of the defendants speedy trial right, to postpone prosecution of a misdemeanor and place the defendant in a pretrial diversion program or a deferred entry of judgment program under specified situations.
This bill would, until January 1, 2021, authorize a city or county prosecuting attorney or a county probation department to create a diversion or deferred entry of judgment program for persons who commit repeat theft offenses, as specified. Under the program, the prosecuting attorney may enter into a written agreement to refrain from or defer prosecution on the offense or offenses if the person completes program requirements such as community service and makes adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen.
(6)Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.
This bill would, until January 1, 2021, additionally require the board to, upon appropriation by the Legislature, award funding for a grant program to 4 or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers through the use of risk assessments at sentencing and formal probation. The bill would require the board to develop reporting requirements for each county, as specified, and would require the board to prepare and distribute a report that compiles this information, as specified.
The bill would also, until January 1, 2021, require the Department of the California Highway Patrol to, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary. The bill would require the task force to provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.
(7)The bill would provide that its provisions are severable.
(8)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property.
This bill would would, until January 1, 2021, create the crime of organized retail theft which would be defined as acting in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of a plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft. The bill would make these crimes punishable as either misdemeanors or felonies, as specified. By creating new crimes, this bill would impose a state-mandated local program.
(2)Under existing law, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory.
This bill would would, until January 1, 2021, additionally establish the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses.
(3)Existing law generally requires that a person arrested for a misdemeanor be released on written notice to appear in court. Existing law allows a peace officer to retain a person in custody on an arrest for a misdemeanor if, among other reasons, there are one or more outstanding arrest warrants for the person, there is reason to believe the person will not appear in court, or there is a reasonable likelihood that the offense will continue or resume.
This bill would would, until January 1, 2021, allow a peace officer to retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations or citations, if he or she has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle 2 or more times in the last 12 months. in the previous 6 months, or if there is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.
(4)Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, as specified.
This bill would would, until January 1, 2021, authorize the issuance of a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges in the previous 6 months.
(5)Existing law authorizes a court, with the consent of the defendant and a waiver of the defendants speedy trial right, to postpone prosecution of a misdemeanor and place the defendant in a pretrial diversion program or a deferred entry of judgment program under specified situations.
This bill would, until January 1, 2021, authorize a city or county prosecuting attorney or a county probation department to create a diversion or deferred entry of judgment program for persons who commit repeat theft offenses, as specified. Under the program, the prosecuting attorney may enter into a written agreement to refrain from or defer prosecution on the offense or offenses if the person completes program requirements such as community service and makes adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen.
(6)Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.
This bill would, until January 1, 2021, additionally require the board to, upon appropriation by the Legislature, award funding for a grant program to 4 or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers through the use of risk assessments at sentencing and formal probation. The bill would require the board to develop reporting requirements for each county, as specified, and would require the board to prepare and distribute a report that compiles this information, as specified.
The bill would also, until January 1, 2021, require the Department of the California Highway Patrol to, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary. The bill would require the task force to provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.
(5)(7)The bill would provide that its provisions are severable.
(6)(8)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property.
This bill would create the crime of organized retail theft and which would make it a crime to act be defined as acting in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell sell, exchange, or return the merchandise for value, to act acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of a plan to commit theft, or to recruit, coordinate, organize, supervise, direct, manage, or finance recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft. The bill would make these crimes punishable as either misdemeanors or felonies, as specified. By creating new crimes, this bill would impose a state-mandated local program.
(2)Under existing law, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory.
This bill would additionally establish the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses.
(3)Existing law generally requires that a person arrested for a misdemeanor be released on written notice to appear in court. Existing law allows a peace officer to retain a person in custody on an arrest for a misdemeanor if, among other reasons, there are one or more outstanding arrest warrants for the person, there is reason to believe the person will not appear in court, or there is a reasonable likelihood that the offense will continue or resume.
This bill would allow a peace officer to retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations or if he or she has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle 2 or more times in the last 180 days. 12 months. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.
(4)Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, as specified.
This bill would authorize the issuance of a bench warrant when if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges 3 or more times in the previous 6 months.
(5)The bill would provide that its provisions are severable.
(6)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property.
This bill would create the crime of organized retail theft and would make it a crime to act in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell or return the merchandise for value, to act in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, or to recruit, coordinate, organize, supervise, direct, manage, or finance another to undertake acts of theft. The bill would make these crimes punishable as either misdemeanors or felonies, as specified. By creating new crimes, this bill would impose a state-mandated local program.
(2)Under existing law, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory.
This bill would additionally establish the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses.
(3)Existing law generally requires that a person arrested for a misdemeanor be released on written notice to appear in court. Existing law allows a peace officer to retain a person in custody on an arrest for a misdemeanor if, among other reasons, there are one or more outstanding arrest warrants for the person, there is reason to believe the person will not appear in court, or there is a reasonable likelihood that the offense will continue or resume.
This bill would allow a peace officer to retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations or if he or she has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle 2 or more times in the last 180 days. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.
(4)Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, as specified.
This bill would authorize the issuance of a bench warrant when a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges 3 or more times in the previous 6 months.
(5)The bill would provide that its provisions are severable.
(6)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, makes the theft of money, labor, or property petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting to be charged with burglary or theft of the same property. 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 make it a misdemeanor or a felony to commit organized retail theft, defined as conspiring with 2 or more persons to commit theft of merchandise with the intent to sell the stolen property or to place the stolen property in the control of a retail property fence. The bill would make this provision effective only upon approval by the voters, and would require the submission of this measure to the voters for approval at the statewide general election.(2)Existing law generally requires that a person arrested for a misdemeanor be released upon his or her signed promise to appear in court at a later specified date, unless one of specified reasons exists for nonrelease, including, among others, when the person arrested is so intoxicated that he or she could be a danger to himself or herself or others, the person arrested requires medical care, or the person arrested has outstanding arrest warrants. This bill would add an arrest for shoplifting within 180 days of having previously been convicted of shoplifting as a reason for nonrelease.(1)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, makes the theft of money, labor, or property petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny where the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires that the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting to be charged with burglary or theft of the same property. 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 make it a misdemeanor or a felony to commit organized retail theft, defined as conspiring with 2 or more persons to commit theft of merchandise with the intent to sell the stolen property or to place the stolen property in the control of a retail property fence. The bill would make this provision effective only upon approval by the voters, and would require the submission of this measure to the voters for approval at the statewide general election.
(2)Existing law generally requires that a person arrested for a misdemeanor be released upon his or her signed promise to appear in court at a later specified date, unless one of specified reasons exists for nonrelease, including, among others, when the person arrested is so intoxicated that he or she could be a danger to himself or herself or others, the person arrested requires medical care, or the person arrested has outstanding arrest warrants.
This bill would add an arrest for shoplifting within 180 days of having previously been convicted of shoplifting as a reason for nonrelease.
Existing law requires that a prisoner be paid $200, in addition to any other payment to which the prisoner is entitled by law, upon release from a state prison. Existing law requires that the Department of Corrections and Rehabilitation prescribe rules and regulations to establish procedures for the payment of the $200 within the first 60 days of a prisoners release. This bill would require the department to establish procedures for the payment of the sum within the first 45 days of the prisoners release.Existing law requires that a prisoner be paid $200, in addition to any other payment to which the prisoner is entitled by law, upon release from a state prison. Existing law requires that the Department of Corrections and Rehabilitation prescribe rules and regulations to establish procedures for the payment of the $200 within the first 60 days of a prisoners release.
This bill would require the payment of $300 upon release and would require the department to establish procedures for the payment of the sum within the first 40 45 days of the prisoners release.
Existing law requires that a prisoner be paid $200, in addition to any other payment to which the prisoner is entitled by law, upon release from a state prison. Existing law requires that the Department of Corrections and Rehabilitation prescribe rules and regulations to establish procedures for the payment of the $200 within the first 60 days of a prisoners release.
This bill would require the payment of $300 upon release and would require the department to establish procedures for the payment of the sum within the first 40 days of the prisoners release.
(a)A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1)Acts in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell, exchange, or return the merchandise for value.
(2)Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen.
(3)Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft.
(4)Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise.
(b)Organized retail theft is punishable as follows:
(1)If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2)Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year.
(3)A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c)For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1)The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendants disposition to commit the act.
(2)That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft.
(3)The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
(d)In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
(e)Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed.
(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 786.5 is added to the Penal Code, to read:786.5.(a)The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or Section 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or Section 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or Section 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or Section 496.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3.Section 853.6 of the Penal Code is amended to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one or more of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants or failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. An arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice.
(10)The person was subject to Section 1270.1.
(11)The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous 6 months.
(12)There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in subdivision (a) of Section 490.4.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 853.6 is added to the Penal Code, to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated.
(10)The person was subject to Section 1270.1.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m)This section shall become operative January 1, 2021.
SEC. 5.Section 978.5 of the Penal Code is amended to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7)If a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges in the previous six months.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 6.Section 978.5 is added to the Penal Code, to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)This section shall become operative on January 1, 2021.
SEC. 7.Chapter 2.9D (commencing with Section 1001.81) is added to Title 6 of Part 2 of the Penal Code, to read:2.9D.Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program1001.81.(a)The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit repeat theft offenses. The program may be conducted by the prosecuting attorneys office or the county probation department.
(b)Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute repeat theft.
(c)If a county creates a diversion or deferred entry of judgment program for individuals committing repeat theft offenses, on receipt of a case or at arraignment, the prosecuting attorney shall either refer the case to the county probation department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorneys office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
(1)Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individuals risk and needs and the appropriateness of program placement.
(2)If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity.
(3)If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program.
(4)If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.
(5)Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
(d)On referral of a case to the program, a notice shall be provided to or forwarded by mail to the person alleged to have committed the offense with all of the following information:
(1)The date by which the person must contact the diversion program or deferred entry of judgment program in the manner designated by the supervising agency.
(2)A statement of the penalty for the offense or offenses with which that person has been charged.
(e)The prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
(1)Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney.
(2)Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.
(f)For the purposes of this section, repeat theft offenses means being cited or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction.
1001.82.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.Section 1210.6 is added to the Penal Code, to read:1210.6.(a)(1)Upon appropriation by the Legislature, the Board of State and Community Corrections shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
(2)The demonstration projects shall use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation. The formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
(3)The demonstration projects shall evaluate the probation completion and recidivism rates for project participants and may compare them to control groups to evaluate program efficacy. The Board of State and Community Corrections shall determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers, including components that align with evidence-based practices in reducing recidivism, including, but not limited to, risk and needs assessment, programming to help with drug or alcohol abuse, mental illness, or housing, and the support of the superior court if the application is from a county probation department.
(b)The Board of State and Community Corrections shall develop reporting requirements for each county receiving a grant to report to the board the results of the demonstration project. The reports may include, but are not limited to, the use of risk assessment, the formal probation program components, the number of individuals who were placed on formal probation, the number of individuals who were placed on informal probation, and the number of individuals in each group who were subsequently convicted of a new offense.
(c)(1)The Board of State and Community Corrections shall prepare a report that compiles the information it receives from each county receiving a grant, as described in subdivision (b). The report shall be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature for this section.
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 9.Chapter 13 (commencing with Section 13899) is added to Title 6 of Part 4 of the Penal Code, to read:13.Retail Theft Prevention Program13899.The Department of the California Highway Patrol shall, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary. The task force shall provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.
13899.1.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 10.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1)Acts in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell, exchange, or return the merchandise for value.
(2)Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen.
(3)Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft.
(4)Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise.
(b)Organized retail theft is punishable as follows:
(1)If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2)Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year.
(3)A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c)For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1)The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendants disposition to commit the act.
(2)That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft.
(3)The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
(d)In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
(e)Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed.
(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 786.5 is added to the Penal Code, to read:786.5.(a)The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or Section 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or Section 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or Section 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or Section 496.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3.Section 853.6 of the Penal Code is amended to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one or more of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants or failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. An arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice.
(10)The person was subject to Section 1270.1.
(11)The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous 6 months.
(12)There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in subdivision (a) of Section 490.4.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 853.6 is added to the Penal Code, to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated.
(10)The person was subject to Section 1270.1.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m)This section shall become operative January 1, 2021.
SEC. 5.Section 978.5 of the Penal Code is amended to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7)If a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges in the previous six months.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 6.Section 978.5 is added to the Penal Code, to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)This section shall become operative on January 1, 2021.
SEC. 7.Chapter 2.9D (commencing with Section 1001.81) is added to Title 6 of Part 2 of the Penal Code, to read:2.9D.Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program1001.81.(a)The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit repeat theft offenses. The program may be conducted by the prosecuting attorneys office or the county probation department.
(b)Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute repeat theft.
(c)If a county creates a diversion or deferred entry of judgment program for individuals committing repeat theft offenses, on receipt of a case or at arraignment, the prosecuting attorney shall either refer the case to the county probation department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorneys office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
(1)Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individuals risk and needs and the appropriateness of program placement.
(2)If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity.
(3)If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program.
(4)If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.
(5)Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
(d)On referral of a case to the program, a notice shall be provided to or forwarded by mail to the person alleged to have committed the offense with all of the following information:
(1)The date by which the person must contact the diversion program or deferred entry of judgment program in the manner designated by the supervising agency.
(2)A statement of the penalty for the offense or offenses with which that person has been charged.
(e)The prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
(1)Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney.
(2)Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.
(f)For the purposes of this section, repeat theft offenses means being cited or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction.
1001.82.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.Section 1210.6 is added to the Penal Code, to read:1210.6.(a)(1)Upon appropriation by the Legislature, the Board of State and Community Corrections shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
(2)The demonstration projects shall use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation. The formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
(3)The demonstration projects shall evaluate the probation completion and recidivism rates for project participants and may compare them to control groups to evaluate program efficacy. The Board of State and Community Corrections shall determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers, including components that align with evidence-based practices in reducing recidivism, including, but not limited to, risk and needs assessment, programming to help with drug or alcohol abuse, mental illness, or housing, and the support of the superior court if the application is from a county probation department.
(b)The Board of State and Community Corrections shall develop reporting requirements for each county receiving a grant to report to the board the results of the demonstration project. The reports may include, but are not limited to, the use of risk assessment, the formal probation program components, the number of individuals who were placed on formal probation, the number of individuals who were placed on informal probation, and the number of individuals in each group who were subsequently convicted of a new offense.
(c)(1)The Board of State and Community Corrections shall prepare a report that compiles the information it receives from each county receiving a grant, as described in subdivision (b). The report shall be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature for this section.
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 9.Chapter 13 (commencing with Section 13899) is added to Title 6 of Part 4 of the Penal Code, to read:13.Retail Theft Prevention Program13899.The Department of the California Highway Patrol shall, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary. The task force shall provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.
13899.1.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 10.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1)Acts in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell, exchange, or return the merchandise for value.
(2)Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen.
(3)Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft.
(4)Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise.
(b)Organized retail theft is punishable as follows:
(1)If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on three two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2)Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year.
(3)A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c)For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1)The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendants disposition to commit the act.
(2)That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft.
(3)The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
(d)In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
(e)Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed.
(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 786.5 is added to the Penal Code, to read:786.5.(a)The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or Section 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or Section 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or Section 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or Section 496.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3.Section 853.6 of the Penal Code is amended to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one or more of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants or failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. An arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice.
(10)The person was subject to Section 1270.1.
(11)The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months. in the previous 6 months.
(12)There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in subdivision (a) of Section 490.4.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 853.6 is added to the Penal Code, to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated.
(10)The person was subject to Section 1270.1.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m)This section shall become operative January 1, 2021.
SEC. 4.SEC. 5.Section 978.5 of the Penal Code is amended to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7)If a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges in the previous six months.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 6.Section 978.5 is added to the Penal Code, to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)This section shall become operative on January 1, 2021.
SEC. 7.Chapter 2.9D (commencing with Section 1001.81) is added to Title 6 of Part 2 of the Penal Code, to read:2.9D.Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program1001.81.(a)The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit repeat theft offenses. The program may be conducted by the prosecuting attorneys office or the county probation department.
(b)Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute repeat theft.
(c)If a county creates a diversion or deferred entry of judgment program for individuals committing repeat theft offenses, on receipt of a case or at arraignment, the prosecuting attorney shall either refer the case to the county probation department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorneys office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
(1)Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individuals risk and needs and the appropriateness of program placement.
(2)If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity.
(3)If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program.
(4)If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.
(5)Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
(d)On referral of a case to the program, a notice shall be provided to or forwarded by mail to the person alleged to have committed the offense with all of the following information:
(1)The date by which the person must contact the diversion program or deferred entry of judgment program in the manner designated by the supervising agency.
(2)A statement of the penalty for the offense or offenses with which that person has been charged.
(e)The prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
(1)Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney.
(2)Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.
(f)For the purposes of this section, repeat theft offenses means being cited or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction.
1001.82.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.Section 1210.6 is added to the Penal Code, to read:1210.6.(a)(1)Upon appropriation by the Legislature, the Board of State and Community Corrections shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
(2)The demonstration projects shall use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation. The formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
(3)The demonstration projects shall evaluate the probation completion and recidivism rates for project participants and may compare them to control groups to evaluate program efficacy. The Board of State and Community Corrections shall determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers, including components that align with evidence-based practices in reducing recidivism, including, but not limited to, risk and needs assessment, programming to help with drug or alcohol abuse, mental illness, or housing, and the support of the superior court if the application is from a county probation department.
(b)The Board of State and Community Corrections shall develop reporting requirements for each county receiving a grant to report to the board the results of the demonstration project. The reports may include, but are not limited to, the use of risk assessment, the formal probation program components, the number of individuals who were placed on formal probation, the number of individuals who were placed on informal probation, and the number of individuals in each group who were subsequently convicted of a new offense.
(c)(1)The Board of State and Community Corrections shall prepare a report that compiles the information it receives from each county receiving a grant, as described in subdivision (b). The report shall be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature for this section.
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 9.Chapter 13 (commencing with Section 13899) is added to Title 6 of Part 4 of the Penal Code, to read:13.Retail Theft Prevention Program13899.The Department of the California Highway Patrol shall, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the Department of the California Highway Patrol as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary. The task force shall provide local law enforcement in the identified region with logistical support and other law enforcement resources, including, but not limited to, personnel and equipment, as determined to be appropriate by the Commissioner of the California Highway Patrol in consultation with task force members.
13899.1.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 5.SEC. 10.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.SEC. 11.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1)Acts in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell sell, exchange, or return the merchandise for value.
(2)Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen.
(3)Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft.
(3)(4)Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise.
(b)Organized retail theft is punishable as follows:
(1)If violations of paragraph (1) or (2) (1), (2), or (3) of subdivision (a) are committed on three or more separate occasions within a 180-day 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 180-day 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(2)If separate violations of paragraph (1) or (2) of subdivision (a) result in an aggregated value of merchandise stolen, received, purchased, or possessed within any one-year period that exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (3)(2)Any other violation of paragraph (1) or (2) (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) or (2) of this subdivision is punishable by imprisonment in a county jail not exceeding one year.
(4)(3)A violation of paragraph (3) (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(c)For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
(1)The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendants disposition to commit the act.
(2)That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft.
(3)The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
(d)In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
SEC. 2.Section 786.5 is added to the Penal Code, to read:786.5.The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or Section 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or Section 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or Section 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or Section 496.
SEC. 3.Section 853.6 of the Penal Code is amended to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one or more of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants or failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. An arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice.
(10)The person was subject to Section 1270.1.
(11)The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 180 days. 12 months.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
SEC. 4.Section 978.5 of the Penal Code is amended to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7)If a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges three or more times in the previous six months.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
SEC. 5.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A person who commits any of the following acts is guilty of organized retail theft, and shall be punished pursuant to subdivision (b):
(1)Acts in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplace with the intent to sell or return the merchandise for value.
(2)Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen.
(3)Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise.
(b)Organized retail theft is punishable as follows:
(1)If violations of paragraph (1) or (2) of subdivision (a) are committed on three or more separate occasions within a 180-day period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 180-day period exceeds nine hundred fifty dollars ($950), the offense is punishable pursuant to subdivision (h) of Section 1170.
(2)If separate violations of paragraph (1) or (2) of subdivision (a) result in an aggregated value of merchandise stolen, received, purchased, or possessed within any one-year period that exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
(3)Any other violation of paragraph (1) or (2) of subdivision (a) that is not described in paragraph (1) or (2) of this subdivision is punishable by imprisonment in a county jail not exceeding one year.
(4)A violation of paragraph (3) of subdivision (a) is punishable pursuant to subdivision (h) of Section 1170.
SEC. 2.Section 786.5 is added to the Penal Code, to read:786.5.The jurisdiction of a criminal action for theft, as defined in subdivision (a) of Section 484, or a violation of Section 490.4 or Section 496, shall also include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or Section 496 or in abetting the parties concerned therein. If multiple offenses of theft or violations of Section 490.4 or Section 496, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying theft offenses or violations of Section 490.4 or Section 496.
SEC. 3.Section 853.6 of the Penal Code is amended to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No warrant shall be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one or more of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)There were one or more outstanding arrest warrants or failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
(5)The person could not provide satisfactory evidence of personal identification.
(6)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated. An arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice.
(10)The person was subject to Section 1270.1.
(11)The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 180 days.
The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
SEC. 4.Section 978.5 of the Penal Code is amended to read:978.5.(a)A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:
(1)If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place.
(4)If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7)If a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges three or more times in the previous six months.
(b)The bench warrant may be served in any county in the same manner as a warrant of arrest.
SEC. 5.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 22, 2017. (JR11)(a)Notwithstanding Section 459.5, organized retail theft is conspiring with two or more persons to commit theft of merchandise with the intent to sell the stolen property or to place the stolen property in the control of a retail property fence. Organized retail theft is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b)As used in this section, the following terms have the following meanings:
(1)Merchandise has the same meaning as provided in subdivision (g) of Section 490.5.
(2)Retail property fence means a person or business that buys merchandise knowing or believing that it is stolen.
SEC. 2.Section 853.6 of the Penal Code is amended to read:853.6.(a)(1)In any case in which a person is arrested for an offense declared to be a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or his or her superior determines that the person should be released, the officer or his or her superior shall prepare a written notice to appear in a court.
(2)In any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3)This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A)Paragraph (1) of subdivision (e) of Section 243.
(B)Section 273.5.
(C)Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D)Section 646.9.
(4)Nothing in this subdivision shall be construed to affect a defendants ability to be released on bail or on his or her own recognizance, except as specified in Section 1270.1.
(b)Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c)The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d)The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e)The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1)It shall be filed with the magistrate if the offense charged is an infraction.
(2)It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3)(A)The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
If(B)If the duplicate notice is filed with the prosecuting attorney, he or she, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
Upon(C)Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in his or her judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and he or she has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
Upon(D)Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f)No A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g)The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the persons court appearance, the arresting agency at the time of booking or fingerprinting shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that he or she was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h)A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which he or she has taken custody of a person pursuant to Section 847.
(i)(1)Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease:
(1)(A)The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others.
(2)(B)The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety.
(3)(C)The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(4)(D)There were one or more outstanding arrest warrants for the person.
(5)(E)The person could not provide satisfactory evidence of personal identification.
(6)(F)The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(7)(G)There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(8)(H)The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(9)(I)There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated.
(10)(J)The person was subject to Section 1270.1.
(K)The person was arrested for shoplifting within 180 days of having previously been convicted of shoplifting under Section 459.5.
The(2)The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release him or her from custody before trial.
(j)(1)Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
Any(2)Any person, including the arresting officer and any member of the officers department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
If,(3)If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
If(4)If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
Under(5)Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal.
(k)(1)A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)Upon receipt of the issuing agencys or prosecuting attorneys response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the persons driving privilege, the department shall immediately set aside the action.
(4)If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l)For purposes of this section, the term arresting agency includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
SEC. 3.Section 1 of this act amends 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. The Secretary of State shall submit Section 1 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.
SECTION 1.Section 2713.1 of the Penal Code is amended to read:2713.1.(a)In addition to any other payment to which the prisoner is entitled by law, each prisoner, upon release, shall be paid the sum of two hundred dollars ($200) from moneys made available by appropriation for the purposes of this section.(b)The department may prescribe rules and regulations to do any of the following:(1)Limit or eliminate payments made pursuant to this section to prisoners who have not served at least six consecutive months prior to their release when the department determines that the payment is not necessary for rehabilitation of the prisoner.(2)Establish procedures for the payment of the sum of two hundred dollars ($200) within the first 45 days of a prisoners release.(3)Eliminate any payment provided for in this section to a parolee who, upon release, has not been paid the entire amount prescribed by this section and who willfully absconds after release on parole, but before any remaining balance of the two hundred dollar ($200) release funds has been paid.(c)The provisions of this section do not apply if a prisoner is released to the custody of another state or to the custody of the federal government.(a)In addition to any other payment to which the prisoner is entitled by law, each prisoner, upon release, shall be paid the sum of three two hundred dollars ($300) ($200) from moneys made available by appropriation for the purposes of this section.
(b)The department may prescribe rules and regulations to do any of the following:
(1)Limit or eliminate payments made pursuant to this section to prisoners who have not served at least six consecutive months prior to their release when the department determines that the payment is not necessary for rehabilitation of the prisoner.
(2)Establish procedures for the payment of the sum of three two hundred dollars ($300) ($200) within the first 40 45 days of a prisoners release.
(3)Eliminate any payment provided for in this section to a parolee who, upon release, has not been paid the entire amount prescribed by this section and who willfully absconds after release on parole, but before any remaining balance of the three two hundred dollar ($300) ($200) release funds has been paid.
(c)The provisions of this section do not apply if a prisoner is released to the custody of another state or to the custody of the federal government.
(a)In addition to any other payment to which he the prisoner is entitled by law, each prisoner upon his release prisoner, upon release, shall be paid the sum of two three hundred dollars ($200), ($300) from such appropriations that may be moneys made available by appropriation for the purposes of this section.
The(b)The department may prescribe rules and regulations (a) to limit to do any of the following:
(1)Limit or eliminate any payments provided for in made pursuant to this section to prisoners who have not served for at least six consecutive months prior to their release in instances where when the department determines that such a the payment is not necessary for rehabilitation of the prisoner, (b) to establish prisoner.
(2)Establish procedures for the payment of the sum of two three hundred dollars ($200) ($300) within the first 60 40 days of a prisoners release, and (c) to eliminate release.
(3)Eliminate any payment provided for in this section to a parolee who who, upon release release, has not been paid the entire amount prescribed by this section and who willfully absconds after release on parole, but before any remaining balance of the two three hundred dollar ($200) ($300) release funds has been paid.
The(c)The provisions of this section shall do not be applicable apply if a prisoner is released to the custody of another state or to the custody of the federal government.
|
Date
|
Status
|
|---|---|
| Sep 27, 2018 | Chaptered by Secretary of State - Chapter 803, Statutes of 2018. |
| Sep 27, 2018 | Approved by the Governor. |
| Sep 4, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 23, 2018 | From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 0.) (August 23). |
| Aug 23, 2018 | Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2. |
| Aug 20, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77. |
| Aug 20, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 14, 2018 | From committee: That the measure be returned to Senate Floor for consideration. (Ayes 7. Noes 0.) (August 14) |
| Aug 9, 2018 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b). |
| Aug 8, 2018 | Read second time. Ordered to third reading. |
| Aug 7, 2018 | Read third time and amended. Ordered to second reading. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | In committee: Referred to APPR. suspense file. |
| Mar 13, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 13). Re-referred to Com. on APPR. |
| Feb 27, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Feb 1, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 22, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 14, 2017 | Referred to Com. on PUB. S. |
| Jun 1, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1936.) |
| May 30, 2017 | Read second time. Ordered to third reading. |
| May 26, 2017 | From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 26). |
| Apr 26, 2017 | In committee: Set, second hearing. Referred to APPR. suspense file. |
| Apr 5, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 21, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 21). Re-referred to Com. on APPR. |
| Mar 6, 2017 | Referred to Com. on PUB. S. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 1065 JONES-SAWYER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 23, 2018 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Public Safety |
Passed |
|
| Aug 20, 2018 | Assembly 3rd Reading AB1065 Jones-Sawyer et al. By Skinner | Senate Floor |
Passed |
|
| Aug 14, 2018 | That the measure be returned to Senate Floor for consideration. Ordered to third reading. | Senate Standing Committee on Public Safety |
Passed |
|
| May 25, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 25, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Mar 13, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 31, 2017 | AB 1065 JONES-SAWYER Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County District Attorney | * Support | Aug 14, 2018 |
| Alameda County District Attorney's Office | * Support | Aug 14, 2018 |
| Albertsons Companies | ** Support | Aug 14, 2018 |
| Association Of Orange County Deputy Sheriffs | ** Support | Aug 14, 2018 |
| California Attorneys For Criminal Justice | ** Support | Mar 20, 2017 |
| California Chamber Of Commerce | * Support | Aug 23, 2018 |
| California Public Defenders Association | ** Support | Mar 20, 2017 |
| California Retailers Association | * Support | Aug 14, 2018 |
| California Statewide Law Enforcement Association | ** Support | Aug 14, 2018 |
| City of Santa Monica | * Support | Aug 14, 2018 |
| city of west covina | ** Support | Aug 14, 2018 |
| Fraternal Order of Police | ** Support | Aug 14, 2018 |
| Home Depot | ** Support | Aug 14, 2018 |
| Long Beach Police Officers Association | ** Support | Aug 14, 2018 |
| Los Angeles County District Attorney | * Support | Aug 23, 2018 |
| Lt. Governor, Gavin Newsom | ** Support | Aug 14, 2018 |
| Retail Industry Leaders Association | * Support | Aug 23, 2018 |
| Sacramento County Deputy Sheriffs' Association | ** Support | Aug 14, 2018 |
| San Diego County District Attorney's Office | * Support | Aug 14, 2018 |
| San Diego District Attorney's Office | * Support | Aug 14, 2018 |
| San Francisco District Attorney's Office | ** Support | Aug 14, 2018 |
| San Mateo County District Attorney'S Office | ** Support | Aug 14, 2018 |
| Santa Clara District Attorney's Office | ** Support | Aug 14, 2018 |
| Target Corporation | ** Support | Aug 14, 2018 |
| United Food & Commercial Workers (UFCW) Western States Council | * Support | Aug 14, 2018 |
| United Food and Commercial Workers State Council | * Support | Aug 14, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 1065
Author:(Jones-Sawyer, et al.)
As Amended Ver:August 7, 2018
Majority vote
ASSEMBLY: | 77-0 | (May 31, 2017) | SENATE: | 39-0 | (August 20, 2018) |
COMMITTEE VOTE: | 6-0 | (August 23, 2018) | RECOMMENDATION: | concur |
(Pub. S.)
Original Committee Reference: PUB. S.
SUMMARY: Creates the crime of organized retail theft. Expands jurisdiction to prosecute cases of theft or receipt of stolen merchandise. Requires California Highway Patrol (CHP) to convene a regional property task force. Authorizes a grant program, upon appropriation by the Legislature, to create demonstration projects to reduce recidivism to high-risk misdemeanor probationers. Establishes a sunset date of January 1, 2021, for the provisions of this bill.
The Senate amendments delete the Assembly version of this bill, and instead:
- Make it a felony or misdemeanor to commit "organized retail theft."
- Define "organized retail theft" as any of the following conduct:
- Acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell or return the merchandise for value;
- Acts in concert with two or more persons to receive, purchase, or possess merchandise from a merchant’s premises or online marketplace, knowing or believing it to have been stolen;
- Acts as the agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplace as part of an organized plan to commit theft; or
- Recruits, coordinates, organizes, supervises, directs, manages, or finances another to act in concert to steal or receive merchandise from a merchant’s premises or online marketplace, or other specified theft crimes.
- Punish a violation of "organized retail theft" as follows:
- If violations of acting in concert, or as an agent, to steal or receive merchandise are committed on three or more separate occasions within a 1 year period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 1 year period exceeds $950, the offense is punishable as a realigned felony with a maximum of three years in the county jail, or as a misdemeanor with a maximum of one year in the county jail;
- Any other violation for the conduct described above that does not meet the dollar and separate occasion threshold are punishable as a misdemeanor with a maximum of one year in the county jail.
- A violation of recruiting, coordinating, directing, or financing acts of organized retail theft is punishable as a realigned felony with a maximum of three years in the county jail, or as a misdemeanor with a maximum of one year in the county jail.
- Specify that for the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
- The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act;
- That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft; and
- The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
- State that in a prosecution for organized retail theft, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
- Expand the jurisdiction for charging theft and receiving stolen property to include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating or aiding in the commission of those offenses.
- Specify that if multiple offenses of theft or receiving stolen property, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses.
- Allow a person to be taking in to custody on a misdemeanor arrest when there are failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
- Specify that an arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified, when deciding whether to make a custodial arrest for a misdemeanor offense.
- Allow a person to be taking in to custody on a misdemeanor arrest if the person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous six months.
- Allow a person to be taking in to custody on a misdemeanor arrest if there is probable cause to believe that the person arrested is guilty of committing organized retail theft.
- Allow a court to issue a bench warrant when a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges three or more times in the previous six months.
- Require the CHP to, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the CHP as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary.
- Allow the prosecuting attorney’s office or county probation department to create a diversion or deferred entry of judgment program for persons who commit repeat theft offenses.
- Define "repeat theft offenses" as "being cited or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction."
- State that in determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
- Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individual’s risk and needs and the appropriateness of program placement;
- If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity;
- If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program;
- If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program; and
- Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
- Require notice of specified information regarding diversion be provided to or forwarded by mail to the person alleged to have committed the offense.
- Specify that the prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
- Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney; and
- Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.
- State that upon appropriation by the Legislature, the Board of State and Community Corrections (BSCC) shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
- Require the demonstration projects to use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation.
- State that the formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
- Require the demonstration projects to evaluate the probation completion and recidivism rates for project participants.
- Require BSCC to determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers.
- State that BSCC shall develop reporting requirements for each county receiving a grant to report to the board the results of the demonstration project.
- Require BSCC to prepare a report that compiles the information it receives from each county receiving a grant be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature.
- Establish a sunset date of January 1, 2021, for the provisions of this bill.
EXISTING LAW:
- Makes the theft of money, labor, or property, punishable as a misdemeanor whenever the value of the property taken does not exceed $950.
- Requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny, and where the property taken does not exceed $950, to be punished as a misdemeanor.
- Requires the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting to be charged with burglary or theft of the same property.
- Requires generally that a person who is arrested for a misdemeanor be released upon his or her promise to appear in court at a later specified date, unless one of specified reasons exists for non-release, including a reasonable likelihood that the offense or offenses will continue or resume, or that the safety of persons or property would be imminently endangered by release of the arrested person.
AS PASSED BY THE ASSEMBLY, this bill shortened the dispensation period for the payment that a prisoner receives upon release from custody from within 60 to within 45 days.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- State prison: Unknown, potential increase in incarceration costs for new commitments to state prison for persons found guilty of committing organized retail theft. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for organized retail theft. (General Fund)
- Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who commit the act proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. (General Fund*)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of organized retail theft. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
*Trial Court Trust Fund
COMMENTS: According to the author, "Not only does AB 1065 create a new ‘Organized Retail Theft’ statute punishable with a wobbler, recent amendments create risk-based rehabilitation programs that will drive down recidivism and incarceration.
"Such programs are essential to ensure we don’t incarcerate offenders who are effectively served by rehabilitation programs. The bill is now drafted to support the communities severely impacted by sophisticated organized retail theft by identifying those who have potential risk to re-offend and providing the appropriate supervision.
"AB 1065 is a holistic approach to organized retail theft by redirecting law enforcement resources toward eradicating these sophisticated theft rings and providing the appropriate rehabilitation to end the cycle."
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0004749
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1065
Author:(Jones-Sawyer, et al.)
As Amended Ver:August 7, 2018
Majority vote
ASSEMBLY: | 77-0 | (May 31, 2017) | SENATE: | 39-0 | (August 20, 2018) |
Original Committee Reference: PUB. S.
SUMMARY: Creates the crime of organized retail theft. Expands jurisdiction to prosecute cases of theft or receipt of stolen merchandise. Requires California Highway Patrol (CHP) to convene a regional property task force. Authorizes a grant program, upon appropriation by the Legislature, to create demonstration projects to reduce recidivism to high-risk misdemeanor probationers. Establishes a sunset date of January 1, 2021, for the provisions of this bill.
The Senate amendments delete the Assembly version of this bill, and instead:
- Make it a felony or misdemeanor to commit "organized retail theft."
- Define "organized retail theft" as any of the following conduct:
- Acts in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplace with the intent to sell or return the merchandise for value;
- Acts in concert with two or more persons to receive, purchase, or possess merchandise from a merchant's premises or online marketplace, knowing or believing it to have been stolen;
- Acts as the agent of another individual or group of individuals to steal merchandise from one or more merchant's premises or online marketplace as part of an organized plan to commit theft; or
- Recruits, coordinates, organizes, supervises, directs, manages, or finances another to act in concert to steal or receive merchandise from a merchant's premises or online marketplace, or other specified theft crimes.
- Punish a violation of "organized retail theft" as follows:
- If violations of acting in concert, or as an agent, to steal or receive merchandise are committed on three or more separate occasions within a 1 year period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 1 year period exceeds nine hundred fifty dollars ($950), the offense is punishable as a realigned felony with a maximum of three years in the county jail, or as a misdemeanor with a maximum of one year in the county jail;
- Any other violation for the conduct described above that does not meet the dollar and separate occasion threshold are punishable as a misdemeanor with a maximum of one year in the county jail.
- A violation of recruiting, coordinating, directing, or financing acts of organized retail theft is punishable as a realigned felony with a maximum of three years in the county jail, or as a misdemeanor with a maximum of one year in the county jail.
- Specify that for the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
- The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant's disposition to commit the act;
- That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft; and
- The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
- State that in a prosecution for organized retail theft, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft.
- Expand the jurisdiction for charging theft and receiving stolen property to include the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating or aiding in the commission of those offenses.
- Specify that if multiple offenses of theft or receiving stolen property, either all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses.
- Allow a person to be taking in to custody on a misdemeanor arrest when there are failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
- Specify that an arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified, when deciding whether to make a custodial arrest for a misdemeanor offense.
- Allow a person to be taking in to custody on a misdemeanor arrest if the person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous six months.
- Allow a person to be taking in to custody on a misdemeanor arrest if there is probable cause to believe that the person arrested is guilty of committing organized retail theft.
- Allow a court to issue a bench warrant when a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges three or more times in the previous six months.
- Require the CHP to, in coordination with the Department of Justice, convene a regional property crimes task force to assist local law enforcement in counties identified by the CHP as having elevated levels of property crime, including, but not limited to, organized retail theft and vehicle burglary.
- Allow the prosecuting attorney's office or county probation department to create a diversion or deferred entry of judgment program for persons who commit repeat theft offenses.
- Define "repeat theft offenses" as "being cited or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction."
- State that in determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
- Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individual's risk and needs and the appropriateness of program placement;
- If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity;
- If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program;
- If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program; and
- Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
- Require notice of specified information regarding diversion be provided to or forwarded by mail to the person alleged to have committed the offense.
- Specify that the prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
- Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney; and
- Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.
- State that upon appropriation by the Legislature, the Board of State and Community Corrections (BSCC) shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
- Require the demonstration projects to use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation.
- State that the formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
- Require the demonstration projects to evaluate the probation completion and recidivism rates for project participants.
- Require BSCC to determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers.
- State that BSCC shall develop reporting requirements for each county receiving a grant to report to the board the results of the demonstration project.
- Require BSCC to prepare a report that compiles the information it receives from each county receiving a grant be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature.
- Establish a sunset date of January 1, 2021, for the provisions of this bill.
EXISTING LAW:
- Makes the theft of money, labor, or property, punishable as a misdemeanor whenever the value of the property taken does not exceed $950.
- Requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny, and where the property taken does not exceed $950, to be punished as a misdemeanor.
- Requires the act of shoplifting be charged as shoplifting and prohibits a person who is charged with shoplifting to be charged with burglary or theft of the same property.
- Requires generally that a person who is arrested for a misdemeanor be released upon his or her promise to appear in court at a later specified date, unless one of specified reasons exists for non-release, including a reasonable likelihood that the offense or offenses will continue or resume, or that the safety of persons or property would be imminently endangered by release of the arrested person.
AS PASSED BY THE ASSEMBLY, this bill shortened the dispensation period for the payment that a prisoner receives upon release from custody from within 60 to within 45 days.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- State prison: Unknown, potential increase in incarceration costs for new commitments to state prison for persons found guilty of committing organized retail theft. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for organized retail theft. (General Fund)
- Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who commit the act proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. (General Fund*)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of organized retail theft. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
*Trial Court Trust Fund
COMMENTS: According to the author, "In order to continue on a path towards reducing recidivism, it's imperative that those who are being released are paid more than $200 within the first 60 days of their release. The fact of the matter is that most prisoners will return to their communities. If they have little to no money and are simply provided transportation to the closest bus station and clothing, which is deducted from their $200, we cannot place high expectations on their ability to stay away from a life of crime. Increasing the amount of gate money and ensuring those being released are paid quicker, will aid in the reentry process and reduce the burden on our overcrowded prison system."
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0003886
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1065
Amended: 8/7/18 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/13/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/25/18
AYES: Lara, Beall, Bradford, Hill, Wiener
NO VOTE RECORDED: Bates, Nielsen
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 8/14/18 (Pursuant to Senate Rule 29.10)
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
ASSEMBLY FLOOR: Not relevant
SOURCE: California Retailers Association
United Food and Commercial Workers State Council
DIGEST:
This bill creates the crime of organized retail theft and makes various changes to existing laws related to arrest and bench warrants for theft-related offenses.
Senate Floor Amendments of 8/7/18 (1) change the number of predicate theft offenses from three to two for an offender to be considered under the provisions of organized retail theft; (2) specify that a peace officer may retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations if he or she has been cited or arrested for theft from a store or vehicle in the previous 6 months, as specified; (3) permit courts to consider stay-away orders from retail establishments upon specified retail theft convictions; (4) provide for cite and release procedures for misdemeanor violations under the provisions of this bill; (5) require the Board of State and Community Corrections (BSCC) to award grants to four or more county superior courts or probation departments to create projects to reduce recidivism of high risk misdemeanor probationers through risk assessments and formal probation; (6) require the California Highway Patrol and the Department of Justice to convene a regional property crimes task force, as specified; (7) specify procedures for the issuance of bench warrants; and (8) provide that the provisions of this bill shall sunset on January 1, 2021.
Existing law:
- States that grand theft is committed when the money, labor, or real or personal property taken is of a value exceeding $950, except in specified cases of theft authorizing a lower threshold. (Pen. Code, § 487.)
- States that any other case of theft is petty theft. (Pen. Code, § 488.)
- States that petty theft is a misdemeanor punishable by a fine not exceeding $1000 or by imprisonment in the county jail not exceeding 6 months. (Pen. Code, § 490.)
- States that grand theft is generally punishable as an alternate felony-misdemeanor. (Pen. Code, § 489, subd. (c).)
- Defines “shoplifting” as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950 and states that shoplifting shall be punished as a misdemeanor except as specified. (Pen. Code, § 459.5; Proposition 47, approved by California voters on Nov. 4, 2014.)
- Provides, except as specified, that when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in two or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. (Pen. Code, § 781.)
- States that if property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. (Pen. Code, § 786.)
- Requires a peace officer to release persons arrested for misdemeanors with a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court, except in specified circumstances. (Pen. Code, § 853.6.)
- Prohibits the release of persons arrested for specified violent crimes and crimes related to domestic violence and stalking. (Pen. Code, § 853.6, subd. (a)(2).)
- Specifies reasons that a peace officer may choose to take into custody a person charged with a misdemeanor upon a written notice to appear in court. (Pen. Code, § 853.6, subd. (a)(2).)
- Authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, and as specified. (Pen. Code, § 978.5.)
This bill:
- Creates the new crime of organized retail theft and specifies the penalties for violations of the new provisions.
- Defines organized retail theft as follows:
- Acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange or return the merchandise for value;
- Acting in concert with two or more persons to receive, purchase, or possess merchandise stolen from one or more merchant’s premises or online marketplace knowing or believing it to have been stolen;
- Acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft; and,
- Recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake any of the acts described in the provisions above regarding acting in concert or any other statute defining theft of merchandise.
- Creates the following penalty scheme for organized retail theft:
- If violations of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, are committed on two or more separate occasions within a one-year period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that period exceeds $950 the offense is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony;
- Any other violation of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year; and,
- A violation of the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony.
- Specifies that for the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
- The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act;
- The defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft; or,
- The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
- Provides that in a prosecution for organized retail theft, the prosecutor shall not be required to charge any other co-participant of the organized retail theft.
- States that the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property also includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense.
- Provides that if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, that any of those jurisdictions is a proper jurisdiction for all of the offenses.
- States that an arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice to appear in court.
- States that a peace officer may take into custody a person who has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous 6 months.
- Provides that a peace officer may take a person into custody for failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
- States that a court may issue a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges within the past six months.
- Provides that the bill’s provisions are severable.
- Specifies that a peace officer may retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations if he or she has been cited or arrested for theft from a store or vehicle in the previous 6 months, as specified.
- Permits courts to consider stay-away orders from retail establishments upon specified retail theft convictions.
- Provides for cite and release procedures for misdemeanor violations under the provisions of this bill.
- Requires the Board of State and Community Corrections (BSCC) to award grants to four or more county superior courts or probation departments to create projects to reduce recidivism of high risk misdemeanor probationers through risk assessments and formal probation.
- Requires the California Highway Patrol and the Department of Justice to convene a regional property crimes task force, as specified.
- Specifies procedures for the issuance of bench warrants.
- Provides that the provisions of this bill shall sunset on January 1, 2021.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Committee on Appropriations:
State prison: Unknown, potential increase in incarceration costs for new commitments to state prison for persons found guilty of committing organized retail theft. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for organized retail theft. (General Fund)
Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who commit the act proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. (General Fund*)
Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of organized retail theft. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
*Trial Court Trust Fund
California Retailers Association (co-source)
United Food and Commercial Workers State Council (co-source)
Lt. Governor, Gavin Newsom
Alameda County District Attorney’s Office
Albertsons Companies
Association of Orange County Deputy Sheriffs
California Chamber of Commerce
California Statewide Law Enforcement Association
City of West Covina
Fraternal Order of Police
Home Depot
Long Beach Police Officers Association
Los Angeles County District Attorney’s Office
Retail Industry Leaders Association
Sacramento County Deputy Sheriffs’ Association
San Diego District Attorney’s Office
San Francisco District Attorney’s Office
San Mateo County District Attorney’s Office
Santa Clara District Attorney’s Office
Target Corporation
OPPOSITION: (Verified 8/17/18)
None received
8/14/18 11:19:57
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1065 Hearing Date: August 14, 2018
Author: | Jones-Sawyer | ||
Version: | August 7, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Theft: Aggregation: Organized Retail Theft
HISTORY
Source: California Retailers Association
United Food and Commercial Workers Union Western States Council
Prior Legislation: Proposition 47, approved by California voters in 2014
AB 875 (Cooper), 2017-18, failed Assembly Public Safety
AB 392 (Lackey), 2017-18, failed Assembly Public Safety
SB 284 (Nguyen), 2017-18, failed Senate Public Safety
AB 2444 (Portantino), 2011-12, failed Assembly Public Safety
AB 2372 (Ammiano), Chapter 693, Statutes of 2010
Support: Alameda County District Attorney’s Office; Association of Orange County Deputy Sheriffs; California Statewide Law Enforcement Association; Fraternal Order of Police; Long Beach Police Officers Association; Sacramento County Deputy Sheriffs’ Association; San Diego District Attorney’s Office; San Francisco District Attorney’s Office; San Mateo County District Attorney’s Office; Santa Clara District Attorney’s Office
Opposition: None known
Assembly Floor Vote: Not relevant
PURPOSE
The purpose of this bill is to create the crime of organized retail theft and to make various changes to existing laws related to arrest and bench warrants for theft related offenses.
Existing law divides theft into two degrees: petty theft and grand theft. (Pen. Code, § 486.
Existing law states that grand theft is committed when the money, labor, or real or personal property taken is of a value exceeding $950, except in specified cases of theft authorizing a lower threshold. (Pen. Code, § 487.)
Existing law states that any other case of theft is petty theft. (Pen. Code, § 488.)
Existing law states that petty theft is a misdemeanor punishable by a fine not exceeding $1000 or by imprisonment in the county jail not exceeding 6 months. (Pen. Code, § 490.)
Existing law states that grand theft is generally punishable as an alternate felony-misdemeanor. (Pen. Code, § 489, subd. (c).)
Existing law requires nonviolent property crimes where the amount of property taken is $950 or less to be punished as misdemeanors, except as specified. (Pen. Code, § 490.2; Proposition 47, approved by California voters on Nov. 4, 2014.)
Existing law defines “shoplifting” as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950 and states that shoplifting shall be punished as a misdemeanor except as specified. (Pen. Code, § 459.5; Proposition 47, approved by California voters on Nov. 4, 2014.)
Existing law provides, except as specified, that when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in two or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. (Pen. Code, § 781.)
Existing law states that if property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. (Pen. Code, § 786.)
Existing law requires a peace officer to release persons arrested for misdemeanors with a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court, except in specified circumstances. (Pen. Code, § 853.6.)
Existing law prohibits the release of persons arrested for specified violent crimes and crimes related to domestic violence and stalking. (Pen. Code, § 853.6, subd. (a)(2).)
Existing law specifies reasons that a peace officer may choose to take into custody a person charged with a misdemeanor upon a written notice to appear in court. (Pen. Code, § 853.6, subd. (a)(2).)
Existing law states that one of those reasons may be that there is reason to believe that the person would not appear at the time and place specified in the notice and the basis for this determination is specifically stated. (Id.)
Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, and as specified.
This bill creates the new crime of organized retail theft and specifies the penalties for violations of the new provisions.
This bill defines organized retail theft as follows:
- Acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange or return the merchandise for value;
- Acting in concert with two or more persons to receive, purchase, or possess merchandise stolen from one or more merchant’s premises or online marketplace knowing or believing it to have been stolen;
- Acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft; and,
- Recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake any of the acts described in the provisions above regarding acting in concert or any other statute defining theft of merchandise.
This bill creates the following penalty scheme for organized retail theft:
- If violations of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, are committed on two or more separate occasions within a one-year period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that period exceeds $950 the offense is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony;
- Any other violation of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year; and,
- A violation of the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony.
This bill specifies that for the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
- The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act;
- The defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft; or,
- The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
This bill provides that in a prosecution for organized retail theft, the prosecutor shall not be required to charge any other co-participant of the organized retail theft.
This bill states that the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property also includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense.
This bill provides that if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, that any of those jurisdictions is a proper jurisdiction for all of the offenses.
This bill states that an arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice to appear in court.
This bill states that a peace officer may take into custody a person who has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle in the previous 6 months.
This bill provides that a peace officer may take a person into custody for failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
This bill states that a court may issue a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges within the past six months.
This bill provides that the bill’s provisions are severable.
This bill specifies that a peace officer may retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations if he or she has been cited or arrested for theft from a store or vehicle in the previous 6 months, as specified.
This bill permits courts to consider stay-away orders from retail establishments upon specified retail theft convictions.
This bill provides for cite and release procedures for misdemeanor violations under the provisions of this bill.
This bill requires the Board of State and Community Corrections (BSCC) to award grants to four or more county superior courts or probation departments to create projects to reduce recidivism of high risk misdemeanor probationers through risk assessments and formal probation.
This bill requires the California Highway Patrol and the Department of Justice to convene a regional property crimes task force, as specified.
This bill specifies procedures for the issuance of bench warrants.
This bill provides that the provisions of this bill shall sunset on January 1, 2021.
COMMENTS
1. Need for This Bill
According to the author:
In 2017, the National Retail Federation (NRF) conducted the Organized Retail Crime Survey and found that organized retail theft continues to be pervasive within the industry. The survey stated that 95% of merchants reported having been a victim of coordinated theft, resulting in revenue losses estimated at $30 billion per year. NRF defines organized retail crime as theft/fraudulent activity conducted with the intent to convert illegally obtained merchandise, cargo, cash, or cash equivalent into financial gain, often through subsequent online or offline sales. Organized retail crime typically involves a criminal enterprise that organizes multiple theft rings at a number of retail stores and employs a fencing operation to sell the illegally-obtained goods for financial gain. Organized retail crime can also simply involve the recruitment of others to steal on another’s behalf. Despite this growing trend in various forms of “Organized Retail Crime,” California has never adopted a Penal Code section making it a crime. Therefore, new laws facilitating better collaboration between law enforcement and businesses are necessary to improve our justice system’s responses to chronic theft.
2. Overview and Purpose of Proposition 47
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 and directed that the resulting state savings be directed to mental health and substance abuse treatment, truancy and dropout prevention, and victims’ services. Specifically, the initiative reduced the penalties for possession for personal use of most illegal drugs to misdemeanors. The initiative also reduced the penalties for theft, shoplifting, receiving stolen property, writing bad checks, and check forgery valued at $950 or less from alternate felony-misdemeanors to straight misdemeanors. Among the crimes reduced to misdemeanors by Proposition 47 “are certain second degree burglaries where the defendant enters a commercial establishment with the intent to steal. Such offense is now characterized as shoplifting as defined in new [Penal Code] section 459.5.” (People v. Sherow (2015) 239 Cal.App.4th 875, 879.) The measure limited the reduced penalties to offenders who do not have designated prior convictions for serious or violent felonies and who are not required to register as sex offenders. (See Legislative Analyst's Office analysis of Proposition 47 <http://www.lao.ca.gov/ballot/2014/prop-47-110414.pdf>.)
After the passage of Proposition 47, opponents of the initiative have claimed that there was an increase in crime which can be attributed to the initiative. However, reports evaluating the effects of the initiative have found that Proposition 47 had little to no effect on California’s crime rates overall. (California prison reform didn't cause crime increase, study finds, KQED (Feb. 18, 2016) < http://www.scpr.org/news/2016/02/18/57729/study-cas-prison-reform-didnt-cause-crime-increase/> [as of Mar. 2, 2018]; Center on Juvenile and Criminal Justice, Urban Crime Trends Remain Stable Through California’s Policy Reform Era (2010-2016) (Feb. 2017) <http://www.cjcj.org/uploads/cjcj/documents/urban_crime_trends_remain_stable_through_californias_policy_reform_era_2010-2016.pdf> [as of Mar. 2, 2018].)
3. California Constitutional Limitations on Amending a Voter Initiative
Because Proposition 47 was a voter initiative, the Legislature may not amend the statute without subsequent voter approval unless the initiative permits such amendment, and then only upon whatever conditions the voters attached to the Legislature's amendatory powers. (People v. Superior Court (Pearson) (2010) 48 Cal.4th 564, 568; see also Cal. Const., art. II, § 10, subd. (c).) The California Constitution states, "The Legislature may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval." (Cal. Const., art. II, § 10, subd. (c).) Therefore, unless the initiative expressly authorizes the Legislature to amend, only the voters may alter statutes created by initiative.
The purpose of California's constitutional limitation on the Legislature's power to amend initiative statutes is to protect the people's initiative powers by precluding the Legislature from undoing what the people have done, without the electorate's consent. Courts have a duty to jealously guard the people's initiative power and, hence, to apply a liberal construction to this power wherever it is challenged in order that the right to resort to the initiative process is not improperly annulled by a legislative body. (Proposition 103 Enforcement Project v. Quackenbush (1998) 64 Cal.App.4th 1473.) Yet, despite the strict bar on the Legislature's authority to amend initiative statutes, judicial decisions have recognized that the Legislature is not thereby precluded from enacting laws addressing the general subject matter of an initiative. The Legislature remains free to address a "related but distinct area" or a matter that an initiative measure "does not specifically authorize or prohibit." (People v. Kelly (2010) 47 Cal.4th 1008, 1025-1026.)
As to the Legislature's authority to amend the initiative, Proposition 47 states: "This act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a two‑thirds vote of the members of each house of the Legislature and signed by the Governor so long as the amendments are consistent with and further the intent of this act. The Legislature may by majority vote amend, add, or repeal provisions to further reduce the penalties for any of the offenses addressed by this act." (Ballot Pamp., Gen. Elec. (Nov. 4, 2014), Text of Proposed Laws, p. 74.)
This bill does not amend Proposition 47’s provisions because it creates a new crime for organized retail theft thereby leaving the penalties for petty theft intact. Because the bill does not affect Proposition 47, this bill does not require a 2/3 vote or have to go before the voters.
4. Threshold Value for Grand Theft was Raised to $950 Prior to Proposition 47
The current threshold amount to constitute grand theft requires a taking or loss in excess of $950 which was established through legislation in 2010. (AB 2373 (Ammiano) Chapter 693, Statutes of 2010.) Prior to that change in the law, the amount was $400 or more which was established in the 1982-83 Legislative Session. (Chapter 375, Statutes of 1982.) The previous amount of $200 was established in 1923; up to that time, the threshold amount was $50. As pointed out by the committee analysis for AB 2372, “As measured by the change in the Consumer Price Index, goods or services with a value of $400 today were worth only $184 in 1983. Expressed another way, goods with a value of $400 in 1983 are worth $870 today. Thus, many crimes that qualify as grand theft today would not have been grand theft in 1983. Theft of property worth $870 in 2010 dollars (for example, a leather coat) could not have been grand theft in 1983 when the current theft thresholds took effect.” (Assem. Comm. on Public Safety, Analysis of Assem. Bill No. 2372 (2009-2010 Reg. Sess.) as amended Mar. 11, 2010, p. 2.)
Grand theft is punishable as a “wobbler,” meaning that it may be punished as either a felony or misdemeanor. (Pen. Code, § 489, subd. (c).) Prior to Proposition 47, most theft offenses had to meet the $950 threshold in order to be charged as a felony. This threshold did not apply to certain offenses such as receiving stolen property, fraud and forgery which were punishable as wobblers. Also, in cases of retail theft, prosecutors had the option of charging a person with second degree burglary, which was punishable as a wobbler without having to reach the $950 threshold. However, the provisions of Proposition 47 specifically required that the crime of “shoplifting” be punished as a misdemeanor. “Shoplifting” was defined by the initiative as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950.” (Pen. Code, § 459.5; Proposition 47, approved by California voters on Nov. 4, 2014.)
5. Organized Retail Theft
This bill creates a new specific law prohibiting organized retail theft. Several other states have enacted this type of law such as New York, Massachusetts, and Washington.
According to a 2006 Senate Office of Research report,
A coordinated statewide effort also may have an impact on ORC [organized retail crime]. While efforts of individual police departments do not go unnoticed, the potential for ORC’s success falls exponentially when the network of participants is comprehensive; mere pockets of enforcement will not work effectively. Grocery and retail advocates are now organizing retail crime seminars to train local retailers and law enforcement on ORC methods and solutions. Early indications show the trainings are successful. In Rocklin, California, officers arrested a “booster crew” the day after police received ORC training. [Fn. deleted.] They were on the lookout for nontraditional shoplifting when they were alerted by local retail security that an ORC team might be on-site. Police detectives arrived and arrested four individuals, seizing stolen merchandise and the cell phones the boosters were using to coordinate their actions in the store.
. . . .
Granted, law enforcement’s resources are limited, and ORC currently competes for attention with such high-profile crimes as rape, assault, burglary, and drug trafficking. However, part of the task at hand is to raise both the public’s and the legal system’s awareness that ORC is not just about mere shoplifting. This is a rapidly expanding organized crime that has the potential to spiral out of control if measures are not implemented to prevent it.
(California Senate Office of Research, Organized Retail Crime: Shoplifting has Evolved into Big Time Business and the Crooks are Making Out Like Bandits (May 2006), pp. 10-11.)
6. Proposed Initiative to Undo Recent Criminal Justice Reform Measures
A proposed initiative for the November 2018 ballot would make changes to recent laws enacted by Proposition 47 (approved by California voters on November 4, 2014) and 57 (approved by California voters November 8, 2016). This ballot initiative was introduced by a coalition of law enforcement and victims’ advocate groups.
Specifically, the ballot initiative would expand the list of crimes defined as a “violent felony” making persons convicted of those crimes ineligible for the earlier parole provisions of Proposition 57. Additionally, the initiative would create a new felony for any person who has committed theft for the third time for goods that are valued at more than $250. Proposition 47 required shoplifting of goods valued at $950 or less to be charged as a misdemeanor. The initiative would also reinstate DNA collection for offenders convicted of crimes that Proposition 47 reduced from felonies to misdemeanors.
According to the Secretary of State’s website, the initiative has qualified for the November 2020 ballot.
7. Recent Amendments
Recent amendments taken in the Senate on August 7, 2018 do the following:
- Change the number of predicate theft offenses from three to two for an offender to be considered under the provisions of organized retail theft;
- Specify that a peace officer may retain a person arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations if he or she has been cited or arrested for theft from a store or vehicle in the previous 6 months, as specified.
- Permit courts to consider stay-away orders from retail establishments upon specified retail theft convictions;
- Provide for cite and release procedures for misdemeanor violations under the provisions of this bill;
- Require the Board of State and Community Corrections (BSCC) to award grants to four or more county superior courts or probation departments to create projects to reduce recidivism of high risk misdemeanor probationers through risk assessments and formal probation;
- Require the California Highway Patrol and the Department of Justice to convene a regional property crimes task force, as specified; (7) specify procedures for the issuance of bench warrants; and
- Provide that the provisions of this bill shall sunset on January 1, 2021.
8. Argument in Support
The California Retailers Association, the sponsor of this bill, writes:
Despite the long lasting unresolved problems in California related to sophisticated retail theft rings, often gang-related and involving multiple people, California has never had a penal code section making organized retail theft a crime. It is one of the few states in the country without such a statute. With organized retail crime activity becoming so aggressive, laws facilitating better collaboration between law enforcement and businesses are necessary to improve our justice system’s responses to chronic theft. Law enforcement is under continuing budgetary constraints. Retailers are using as many internal resources to protect assets and employees; they work diligently to deter theft activity, detect losses, participate in diversion programs where feasible, install anti-theft devices, expand and augment surveillance and increase employee training. Still, there is a serious lack of deterrence that only the law can provide, which is why we support AB 1065.
-- END –
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1065
Author: , Bonta (D), Cervantes (D), Ting (D), and
Weber (D)
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/13/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/25/18
AYES: Lara, Beall, Bradford, Hill, Wiener
NO VOTE RECORDED: Bates, Nielsen
ASSEMBLY FLOOR: Not relevant
SOURCE: California Retailers Association
United Food and Commercial Workers State Council
DIGEST:
This bill creates the crime of organized retail theft and makes various changes to existing laws related to arrest and bench warrants for theft-related offenses.
Existing law:
- States that grand theft is committed when the money, labor, or real or personal property taken is of a value exceeding $950, except in specified cases of theft authorizing a lower threshold. (Pen. Code, § 487.)
- States that any other case of theft is petty theft. (Pen. Code, § 488.)
- States that petty theft is a misdemeanor punishable by a fine not exceeding $1000 or by imprisonment in the county jail not exceeding 6 months. (Pen. Code, § 490.)
- States that grand theft is generally punishable as an alternate felony-misdemeanor. (Pen. Code, § 489, subd. (c).)
- Defines “shoplifting” as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950 and states that shoplifting shall be punished as a misdemeanor except as specified. (Pen. Code, § 459.5; Proposition 47, approved by California voters on Nov. 4, 2014.)
- Provides, except as specified, that when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in two or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. (Pen. Code, § 781.)
- States that if property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. (Pen. Code, § 786.)
- Requires a peace officer to release persons arrested for misdemeanors with a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court, except in specified circumstances. (Pen. Code, § 853.6.)
- Prohibits the release of persons arrested for specified violent crimes and crimes related to domestic violence and stalking. (Pen. Code, § 853.6, subd. (a)(2).)
- Specifies reasons that a peace officer may choose to take into custody a person charged with a misdemeanor upon a written notice to appear in court. (Pen. Code, § 853.6, subd. (a)(2).)
- Authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, and as specified. (Pen. Code, § 978.5.)
This bill:
- Creates the new crime of organized retail theft and specifies the penalties for violations of the new provisions.
- Defines organized retail theft as follows:
- Acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange or return the merchandise for value;
- Acting in concert with two or more persons to receive, purchase, or possess merchandise stolen from one or more merchant’s premises or online marketplace knowing or believing it to have been stolen;
- Acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft; and,
- Recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake any of the acts described in the provisions above regarding acting in concert or any other statute defining theft of merchandise.
- Creates the following penalty scheme for organized retail theft:
- If violations of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, are committed on three or more separate occasions within a one-year period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that period exceeds $950 the offense is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony;
- Any other violation of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year; and,
- A violation of the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony.
- Specifies that for the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
- The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act;
- The defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft; or,
- The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
- Provides that in a prosecution for organized retail theft, the prosecutor shall not be required to charge any other co-participant of the organized retail theft.
- States that the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property also includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense.
- Provides that if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, that any of those jurisdictions is a proper jurisdiction for all of the offenses.
- States that an arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice to appear in court.
- States that a peace officer may take into custody a person who has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months.
- Provides that a peace officer may take a person into custody for failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
- States that a court may issue a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges within the past six months.
- Provides that the bill’s provisions are severable.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
State prison: Unknown, potential increase in incarceration costs for new commitments to state prison for persons found guilty of committing organized retail theft. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for organized retail theft. (General Fund)
Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who commit the act proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. (General Fund*)
Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of organized retail theft. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
*Trial Court Trust Fund
California Retailers Association (co-source)
United Food and Commercial Workers State Council (co-source)
Lt. Governor, Gavin Newsom
Alameda County District Attorney’s Office
Albertsons Companies
Association of Orange County Deputy Sheriffs
California Chamber of Commerce
California Statewide Law Enforcement Association
Fraternal Order of Police
Home Depot
Long Beach Police Officers Association
Los Angeles County District Attorney’s Office
Retail Industry Leaders Association
Sacramento County Deputy Sheriffs’ Association
San Diego District Attorney’s Office
San Francisco District Attorney’s Office
San Mateo County District Attorney’s Office
Santa Clara District Attorney’s Office
Target Corporation
West Covina City Council
8/7/18 11:14:56
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1065 (Jones-Sawyer) - Theft: aggregation: organized retail theft
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1065 would create the crime of organized retail theft.
Fiscal Impact:
- State prison: Unknown, potential increase in incarceration costs for new commitments to state prison for persons found guilty of committing organized retail theft. The proposed 2018-19 per capita cost to house a person in a state prison is $80,729 annually, with an annual marginal rate per inmate of between $10,000 and $12,000. The average contract-prison rate cost per inmate is over $30,000 annually. The actual costs would depend on how many defendants are sentenced to prison for organized retail theft. (General Fund)
- Court: Unknown, potentially-significant workload cost pressures to the court to adjudicate charges brought against defendants who commit the act proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. (General Fund*)
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs to prosecute and incarcerate those charged with and found guilty of organized retail theft. Costs would be offset, to a degree, by fee and assessment revenue. (Local funds)
*Trial Court Trust Fund
Background:
The Safe Neighborhoods and Schools Act, enacted by the voters through Proposition 47 (2014), established the classification of the crime of shoplifting, which is defined as entering a commercial establishment with the intent to commit larceny where the property taken is valued at less than $950, as a straight misdemeanor. The act requires that law enforcement and the prosecution charge shoplifting as such and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property. Moreover, a person who is arrested for a misdemeanor generally must be released on written notice to appear in court. A peace officer is allowed to keep a person in custody on an arrest for a misdemeanor, however, if, among other reasons, there are one or more outstanding arrest warrants for the person, there is reason to believe the person will not appear in court, or there is a reasonable likelihood that the offense will continue or resume.
Additionally, when a public offense is committed partly in one county and partly in another county, or the acts constituting or required to consummate the offense occur in two or more counties, the charges may be prosecuted in any competent court within any of the affected counties.
Proposed Law:
This bill would create the crime of organized retail theft, which would encompass any of the following conduct:
- Acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value.
- Acting in concert with two or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen.
- Acting as the agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of a plan to commit theft.
- Recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft.
Additionally, it would allow law enforcement to detain a person who has been arrested for a misdemeanor if there are unresolved failures to appear in court on previous misdemeanor citations or if the person has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the last twelve months.
AB 1065 also would establish the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property as including:
- The county where an offense involving the theft or receipt of the stolen merchandise occurred.
- The county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense.
If multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, this bill would establish that any of those counties is a proper jurisdiction for all of the offenses.
Staff Comments:
The fiscal impact of this bill cannot be known with certainty, as the actual impact will be dependent on numerous factors, including, but not limited to, judicial and prosecutorial discretion, the criminal history of the defendant, and the factors unique to each case. As organized retail theft would be punishable as an alternate felony-misdemeanor with the potential for incarceration, certain rights to the defendants are attached to the proceedings, including the right to a jury trial and the right to counsel (at public expense if the defendants are unable to afford the costs of representation) which could lead to lengthier and more complex court proceedings with attendant workload and resource costs to the court.
Additionally, California is subject to a federal court order to reduce its in-state adult institution population to 137.5 percent of design capacity. The state has undertaken efforts to implement a durable remedy to reduce and avoid prison overcrowding. On May 2, 2018, 114,519 inmates were housed in the state’s thirty-five adult institutions, 6,395 were housed in in-state contract beds, and 3,330 inmates were housed in out-of-state facilities. The prison population changes daily as new inmates are admitted and others are released, but, on that date, the state’s prison population was approximately 134.6 percent of design capacity. By increasing the length of incarceration, this bill could result in an increase of the inmate population in in-state institutions and exacerbate overcrowding.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1065 Hearing Date: March 13, 2018
Author: | Jones-Sawyer | ||
Version: | February 27, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Theft: Organized Retail Theft
HISTORY
Source: California Retailers Association
United Food and Commercial Workers Union Western States Council
Prior Legislation: Proposition 47, approved by California voters in 2014
AB 875 (Cooper), 2017-18, failed Assembly Public Safety
AB 392 (Lackey), 2017-18, failed Assembly Public Safety
SB 284 (Nguyen), 2017-18, failed Senate Public Safety
AB 2444 (Portantino), 2011-12, failed Assembly Public Safety
AB 2372 (Ammiano), Chapter 693, Statutes of 2010
Support: Alameda County District Attorney’s Office; Association of Orange County Deputy Sheriffs; California Statewide Law Enforcement Association; Fraternal Order of Police; Long Beach Police Officers Association; Sacramento County Deputy Sheriffs’ Association; San Diego District Attorney’s Office; San Francisco District Attorney’s Office; San Mateo County District Attorney’s Office; Santa Clara District Attorney’s Office
Opposition: None known
Assembly Floor Vote: Not relevant
PURPOSE
The purpose of this bill is to create the crime of organized retail theft and to make various changes to existing laws related to arrest and bench warrants for theft related offenses.
Existing law divides theft into two degrees: petty theft and grand theft. (Pen. Code, § 486.
Existing law states that grand theft is committed when the money, labor, or real or personal property taken is of a value exceeding $950, except in specified cases of theft authorizing a lower threshold. (Pen. Code, § 487.)
Existing law states that any other case of theft is petty theft. (Pen. Code, § 488.)
Existing law states that petty theft is a misdemeanor punishable by a fine not exceeding $1000 or by imprisonment in the county jail not exceeding 6 months. (Pen. Code, § 490.)
Existing law states that grand theft is generally punishable as an alternate felony-misdemeanor. (Pen. Code, § 489, subd. (c).)
Existing law requires nonviolent property crimes where the amount of property taken is $950 or less to be punished as misdemeanors, except as specified. (Pen. Code, § 490.2; Proposition 47, approved by California voters on Nov. 4, 2014.)
Existing law defines “shoplifting” as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950 and states that shoplifting shall be punished as a misdemeanor except as specified. (Pen. Code, § 459.5; Proposition 47, approved by California voters on Nov. 4, 2014.)
This bill creates the new crime of organized retail theft and specifies the penalties for violations of the new provisions.
This bill defines organized retail theft as follows:
- Acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange or return the merchandise for value;
- Acting in concert with two or more persons to receive, purchase, or possess merchandise stolen from one or more merchant’s premises or online marketplace knowing or believing it to have been stolen;
- Acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft; and,
- Recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake any of the acts described in the provisions above regarding acting in concert or any other statute defining theft of merchandise.
This bill creates the following penalty scheme for organized retail theft:
- If violations of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, are committed on three or more separate occasions within a one-year period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that period exceeds $950 the offense is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony;
- Any other violation of the above provisions, except the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision, is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year; and,
- A violation of the recruiting, coordinating, organizing, supervising, directing, managing, or financing another provision is punishable as either a misdemeanor by imprisonment in a county jail not exceeding one year or as a jail-eligible felony.
This bill specifies that for the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following:
- The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act;
- The defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft; or,
- The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption and the property is intended for resale.
This bill provides that in a prosecution for organized retail theft, the prosecutor shall not be required to charge any other co-participant of the organized retail theft.
Existing law provides, except as specified, that when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in two or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. (Pen. Code, § 781.)
Existing law states that if property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. (Pen. Code, § 786.)
This bill states that the jurisdiction of a criminal action for theft, organized retail theft, or receipt of stolen property also includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense.
This bill provides that if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise or the same defendant or defendants and the scheme or substantially similar activity occur in multiple jurisdictions, that any of those jurisdictions is a proper jurisdiction for all of the offenses.
Existing law requires a peace officer to release persons arrested for misdemeanors with a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court, except in specified circumstances. (Pen. Code, § 853.6.)
Existing law prohibits the release of persons arrested for specified violent crimes and crimes related to domestic violence and stalking. (Pen. Code, § 853.6, subd. (a)(2).)
Existing law specifies reasons that a peace officer may choose to take into custody a person charged with a misdemeanor upon a written notice to appear in court. (Pen. Code, § 853.6, subd. (a)(2).)
Existing law states that one of those reasons may be that there is reason to believe that the person would not appear at the time and place specified in the notice and the basis for this determination is specifically stated. (Id.)
This bill states that an arrest warrant or failure to appear that is pending at the time of the current offense shall constitute reason to believe that the person would not appear as specified in the notice.
This bill states that a peace officer may take into custody a person who has been cited, arrested, or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months.
This bill provides that a peace officer may take a person into custody for failures to appear in court on previous misdemeanor citations that have not been resolved for the person.
Existing law authorizes a court to issue a bench warrant whenever a defendant fails to appear in court as required by law, and as specified.
This bill states that a court may issue a bench warrant if a defendant has been cited or arrested for misdemeanor or felony theft from a store or vehicle and has failed to appear in court in connection with that charge or those charges within the past six months.
This bill provides that its provisions are severable.
COMMENTS
1. Need for This Bill
According to the author:
In 2017, the National Retail Federation (NRF) conducted the Organized Retail Crime Survey and found that organized retail theft continues to be pervasive within the industry. The survey stated that 95% of merchants reported having been a victim of coordinated theft, resulting in revenue losses estimated at $30 billion per year. NRF defines organized retail crime as theft/fraudulent activity conducted with the intent to convert illegally obtained merchandise, cargo, cash, or cash equivalent into financial gain, often through subsequent online or offline sales. Organized retail crime typically involves a criminal enterprise that organizes multiple theft rings at a number of retail stores and employs a fencing operation to sell the illegally-obtained goods for financial gain. Organized retail crime can also simply involve the recruitment of others to steal on another’s behalf. Despite this growing trend in various forms of “Organized Retail Crime,” California has never adopted a Penal Code section making it a crime. Therefore, new laws facilitating better collaboration between law enforcement and businesses are necessary to improve our justice system’s responses to chronic theft.
2. Overview and Purpose of Proposition 47
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 and directed that the resulting state savings be directed to mental health and substance abuse treatment, truancy and dropout prevention, and victims’ services. Specifically, the initiative reduced the penalties for possession for personal use of most illegal drugs to misdemeanors. The initiative also reduced the penalties for theft, shoplifting, receiving stolen property, writing bad checks, and check forgery valued at $950 or less from alternate felony-misdemeanors to straight misdemeanors. Among the crimes reduced to misdemeanors by Proposition 47 “are certain second degree burglaries where the defendant enters a commercial establishment with the intent to steal. Such offense is now characterized as shoplifting as defined in new [Penal Code] section 459.5.” (People v. Sherow (2015) 239 Cal.App.4th 875, 879.) The measure limited the reduced penalties to offenders who do not have designated prior convictions for serious or violent felonies and who are not required to register as sex offenders. (See Legislative Analyst's Office analysis of Proposition 47 <http://www.lao.ca.gov/ballot/2014/prop-47-110414.pdf>.)
After the passage of Proposition 47, opponents of the initiative have claimed that there was an increase in crime which can be attributed to the initiative. However, reports evaluating the effects of the initiative have found that Proposition 47 had little to no effect on California’s crime rates overall. (California prison reform didn't cause crime increase, study finds, KQED (Feb. 18, 2016) < http://www.scpr.org/news/2016/02/18/57729/study-cas-prison-reform-didnt-cause-crime-increase/> [as of Mar. 2, 2018]; Center on Juvenile and Criminal Justice, Urban Crime Trends Remain Stable Through California’s Policy Reform Era (2010-2016) (Feb. 2017) <http://www.cjcj.org/uploads/cjcj/documents/urban_crime_trends_remain_stable_through_californias_policy_reform_era_2010-2016.pdf> [as of Mar. 2, 2018].)
3. California Constitutional Limitations on Amending a Voter Initiative
Because Proposition 47 was a voter initiative, the Legislature may not amend the statute without subsequent voter approval unless the initiative permits such amendment, and then only upon whatever conditions the voters attached to the Legislature's amendatory powers. (People v. Superior Court (Pearson) (2010) 48 Cal.4th 564, 568; see also Cal. Const., art. II, § 10, subd. (c).) The California Constitution states, "The Legislature may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval." (Cal. Const., art. II, § 10, subd. (c).) Therefore, unless the initiative expressly authorizes the Legislature to amend, only the voters may alter statutes created by initiative.
The purpose of California's constitutional limitation on the Legislature's power to amend initiative statutes is to protect the people's initiative powers by precluding the Legislature from undoing what the people have done, without the electorate's consent. Courts have a duty to jealously guard the people's initiative power and, hence, to apply a liberal construction to this power wherever it is challenged in order that the right to resort to the initiative process is not improperly annulled by a legislative body. (Proposition 103 Enforcement Project v. Quackenbush (1998) 64 Cal.App.4th 1473.) Yet, despite the strict bar on the Legislature's authority to amend initiative statutes, judicial decisions have recognized that the Legislature is not thereby precluded from enacting laws addressing the general subject matter of an initiative. The Legislature remains free to address a "related but distinct area" or a matter that an initiative measure "does not specifically authorize or prohibit." (People v. Kelly (2010) 47 Cal.4th 1008, 1025-1026.)
As to the Legislature's authority to amend the initiative, Proposition 47 states: "This act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a two‑thirds vote of the members of each house of the Legislature and signed by the Governor so long as the amendments are consistent with and further the intent of this act. The Legislature may by majority vote amend, add, or repeal provisions to further reduce the penalties for any of the offenses addressed by this act." (Ballot Pamp., Gen. Elec. (Nov. 4, 2014), Text of Proposed Laws, p. 74.)
This bill does not amend Proposition 47’s provisions because it creates a new crime for organized retail theft thereby leaving the penalties for petty theft intact. Because the bill does not affect Proposition 47, this bill does not require a 2/3 vote or have to go before the voters.
4. Threshold Value for Grand Theft was Raised to $950 Prior to Proposition 47
The current threshold amount to constitute grand theft requires a taking or loss in excess of $950 which was established through legislation in 2010. (AB 2373 (Ammiano) Chapter 693, Statutes of 2010.) Prior to that change in the law, the amount was $400 or more which was established in the 1982-83 Legislative Session. (Chapter 375, Statutes of 1982.) The previous amount of $200 was established in 1923; up to that time, the threshold amount was $50. As pointed out by the committee analysis for AB 2372, “As measured by the change in the Consumer Price Index, goods or services with a value of $400 today were worth only $184 in 1983. Expressed another way, goods with a value of $400 in 1983 are worth $870 today. Thus, many crimes that qualify as grand theft today would not have been grand theft in 1983. Theft of property worth $870 in 2010 dollars (for example, a leather coat) could not have been grand theft in 1983 when the current theft thresholds took effect.” (Assem. Comm. on Public Safety, Analysis of Assem. Bill No. 2372 (2009-2010 Reg. Sess.) as amended Mar. 11, 2010, p. 2.)
Grand theft is punishable as a “wobbler,” meaning that it may be punished as either a felony or misdemeanor. (Pen. Code, § 489, subd. (c).) Prior to Proposition 47, most theft offenses had to meet the $950 threshold in order to be charged as a felony. This threshold did not apply to certain offenses such as receiving stolen property, fraud and forgery which were punishable as wobblers. Also, in cases of retail theft, prosecutors had the option of charging a person with second degree burglary, which was punishable as a wobbler without having to reach the $950 threshold. However, the provisions of Proposition 47 specifically required that the crime of “shoplifting” be punished as a misdemeanor. “Shoplifting” was defined by the initiative as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950.” (Pen. Code, § 459.5; Proposition 47, approved by California voters on Nov. 4, 2014.)
5. Organized Retail Theft
This bill creates a new specific law prohibiting organized retail theft. Several other states have enacted this type of law such as New York, Massachusetts, and Washington.
According to a 2006 Senate Office of Research report,
A coordinated statewide effort also may have an impact on ORC [organized retail crime]. While efforts of individual police departments do not go unnoticed, the potential for ORC’s success falls exponentially when the network of participants is comprehensive; mere pockets of enforcement will not work effectively. Grocery and retail advocates are now organizing retail crime seminars to train local retailers and law enforcement on ORC methods and solutions. Early indications show the trainings are successful. In Rocklin, California, officers arrested a “booster crew” the day after police received ORC training. [Fn. deleted.] They were on the lookout for nontraditional shoplifting when they were alerted by local retail security that an ORC team might be on-site. Police detectives arrived and arrested four individuals, seizing stolen merchandise and the cell phones the boosters were using to coordinate their actions in the store.
. . . .
Granted, law enforcement’s resources are limited, and ORC currently competes for attention with such high-profile crimes as rape, assault, burglary, and drug trafficking. However, part of the task at hand is to raise both the public’s and the legal system’s awareness that ORC is not just about mere shoplifting. This is a rapidly expanding organized crime that has the potential to spiral out of control if measures are not implemented to prevent it.
(California Senate Office of Research, Organized Retail Crime: Shoplifting has Evolved into Big Time Business and the Crooks are Making Out Like Bandits (May 2006), pp. 10-11.)
6. Proposed Initiative to Undo Recent Criminal Justice Reform Measures
A proposed initiative for the November 2018 ballot would make changes to recent laws enacted by Proposition 47 (approved by California voters on November 4, 2014) and 57 (approved by California voters November 8, 2016). This ballot initiative was introduced by a coalition of law enforcement and victims’ advocate groups.
Specifically, the ballot initiative would expand the list of crimes defined as a “violent felony” making persons convicted of those crimes ineligible for the earlier parole provisions of Proposition 57. Additionally, the initiative would create a new felony for any person who has committed theft for the third time for goods that are valued at more than $250. Proposition 47 required shoplifting of goods valued at $950 or less to be charged as a misdemeanor. The initiative would also reinstate DNA collection for offenders convicted of crimes that Proposition 47 reduced from felonies to misdemeanors.
According to the Secretary of State’s website, proponents of the initiative need to submit 365,880 valid signatures by July 3, 2018, in order for this initiative to qualify for the November 2018 ballot. (See California Violent Crime Definition, DNA Collection, and Parole Initiative, Petition # 17-0044, <http://www.sos.ca.gov/elections/ballot-measures/initiative-and-referendum-status/initiatives-referenda-cleared-circulation/> [as of Mar. 5, 2018].)
7. Arguments in Support
The California Retailers Association, the sponsor of this bill, writes:
Despite the long lasting unresolved problems in California related to sophisticated retail theft rings, often gang-related and involving multiple people, California has never had a penal code section making organized retail theft a crime. It is one of the few states in the country without such a statute. With organized retail crime activity becoming so aggressive, laws facilitating better collaboration between law enforcement and businesses are necessary to improve our justice system’s responses to chronic theft. Law enforcement is under continuing budgetary constraints. Retailers are using as many internal resources to protect assets and employees; they work diligently to deter theft activity, detect losses, participate in diversion programs where feasible, install anti-theft devices, expand and augment surveillance and increase employee training. Still, there is a serious lack of deterrence that only the law can provide, which is why we support AB 1065.
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ASSEMBLY THIRD READING
ATR Bill Id:AB 1065
Author:(Jones-Sawyer)
As Amended in Assembly Ver:May 26, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Cunningham, Gonzalez Fletcher, Quirk, Rubio, Santiago | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Quirk, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Reyes |
|
SUMMARY: Shortens the dispensation period for the payment that a prisoner receives upon release from custody from within 60 to within 45 days.
EXISTING LAW:
- Requires that a prisoner be paid $200, in addition to any other payment to which the prisoner is entitled by law, upon release from a state prison.
- Requires that CDCR prescribe rules and regulations to establish procedures for the payment of the $200 within the first 60 days of a prisoner's release.
- Provides that whenever an inmate is paid for his labor, performed under the supervision of CDCR or any other public agency, and is discharged, all sums due him shall be paid upon release.
FISCAL EFFECT: Unknown.
COMMENTS: "In order to continue on a path towards reducing recidivism, it's imperative that those who are being released are paid more than $200 within the first 60 days of their release. The fact of the matter is that most prisoners will return to their communities. If they have little to no money and are simply provided transportation to the closest bus station and clothing, which is deducted from their $200, we cannot place high expectations on their ability to stay away from a life of crime. Increasing the amount of gate money and ensuring those being released are paid quicker, will aid in the reentry process and reduce the burden on our overcrowded prison system."
Analysis Prepared by: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0000865
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1065
Author:(Jones-Sawyer) – As Introduced Ver:February 16, 2017
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill increases the payment that a prisoner receives upon release from custody from $200 to $300, and shortens the period of dispensation from 60 to 40 days.
FISCAL EFFECT:
Approximately $3.0-3.5 million (GF) annual cost to the California Department of Corrections (CDCR) to increase the “gate money” payment by $100. According CDCR, 34,807 inmates were released in calendar year 2016; if they all received an extra $100, the cost to CDCR would have been $3,480,700 in 2016. The $3.0-3.5 million range assumes similar rates of inmate release.
COMMENTS:
- Background. Current law requires a payment of $200 to every inmate released from prison. Current law also authorizes CDCR to prescribe rules and regulations to ensure payment occurs within 60 days of release.
- Purpose. According to the author, “Increasing the amount of “gate money” and ensuring those being released are paid quicker, will aid in the reentry process and reduce the burden on our overcrowded prison system."
This bill raises the “gate money” for those that have served more than six months in state prison to $300 within 40 days upon release from prison. Given the cost of housing and transportation, it is not clear what an additional $100 will have on recidivism.
- Support: According to the California Public Defenders Association, "AB 1065 is a critical step in providing those leaving prison a meaningful release allowance. AB 1065 will assist in efforts of former prisoners to gain the initial stability necessary to succeed in becoming productive and contributing members of their communities.”
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: March 21, 2017
Consultant: Adam Smith
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:February 16, 2017
SUMMARY:
Increases the payment that a prisoner receives upon release. Specifically, this bill:
- Provides that, in addition to any other payment to which a prisoner is entitled by law, each prisoner, upon release, shall receive $300.
- Requires the Department of Corrections and Rehabilitation (CDCR) to establish procedures for the payment of this sum within the first 40 days of the prisoner’s release.
EXISTING LAW:
- Requires that a prisoner be paid $200, in addition to any other payment to which the prisoner is entitled by law, upon release from a state prison. (Pen. Code, § 2713.1, subd. (a).)
- Requires that CDCR prescribe rules and regulations to establish procedures for the payment of the $200 within the first 60 days of a prisoner’s release. (Pen. Code, § 2713.1, subd. (b)(2).)
- Provides that whenever an inmate is paid for his labor, performed under the supervision of CDCR or any other public agency, and is discharged, all sums due him shall be paid upon release. (Pen. Code, § 2713.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “In order to continue on a path towards reducing recidivism, it’s imperative that those who are being released are paid more than $200 within the first 60 days of their release. The fact of the matter is that most prisoners will return to their communities. If they have little to no money and are simply provided transportation to the closest bus station and clothing, which is deducted from their $200, we cannot place high expectations on their ability to stay away from a life of crime. Increasing the amount of gate money and ensuring those being released are paid quicker, will aid in the reentry process and reduce the burden on our overcrowded prison system."
- Background: According to the background provided by the author, "existing law gives prisoners $200 within 60 days of their release from prison. This bill will raise the “gate money” for those that have served more than six months in state prison to $300 within 40 days upon release from prison. There are extreme challenges and barriers to employment, housing, transportation and simply meeting the everyday needs for those attempting to reintegrate into society. Increasing this modest amount due to inflation, will help support individuals seeking to become contributing members of society and reducing their likelihood of recidivating."
- Argument in Support: According to the California Public Defenders Association, "AB 1065 provides a necessary amendment to Penal Code section 2713.1, which currently provides a $200 payment to those released from prison custody, and dictates that such payment be made within 60 days of release. Section 2713.1 was first enacted in 1973 and last amended in 1982. AB 1065, which would increase the payment to $300 and shorten the period of dispensation to 40 days, is a badly needed update to bring the section’s purpose in line with contemporary economic reality.
"Given current costs for transportation and housing, AB 1065 is a critical step in providing those leaving prison a meaningful release allowance. AB 1065 will assist in efforts of former prisoners to gain the initial stability necessary to succeed in becoming productive and contributing members of their communities.”
REGISTERED SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice
California Public Defenders Association
Opposition
None
Analysis Prepared by:
Discussed in Hearing
1MIN
Assembly Floor
12MIN
Assembly Standing Committee on Public Safety
6MIN
Senate Floor
9MIN
Senate Standing Committee on Public Safety
1MIN
Senate Standing Committee on Appropriations
14MIN
Senate Standing Committee on Public Safety
-10SEC
Assembly Floor
1H
