AB 2356: Theft: aggregation.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-06-20
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 the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950.
Existing California Supreme Court case law allows the value of property taken pursuant to distinct acts of theft to be aggregated to a single count of grand theft if motivated by one intention, one general impulse, and one plan. Existing appellate case law allows the value of property from more than one victim to be aggregated if the thefts were accomplished as a result of one scheme or plan to defraud the victims and a single intent to act.
This bill would specify that if the value of the money, labor, real property, or personal property taken exceeds $950 over the course of distinct but related acts, whether committed against one or more victims, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. The bill would state that these changes are declaratory of existing law.
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 the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950.
Existing California Supreme Court case law allows the value of property taken pursuant to distinct acts of theft to be aggregated to a single count of grand theft if motivated by one intention, one general impulse, and one plan. Existing appellate case law allows the value of property from more than one victim to be aggregated if the thefts were accomplished as a result of one scheme or plan to defraud the victims and a single intent to act.
This bill would specify that if the value of the money, labor, real property, or personal property taken exceeds $950 over the course of distinct but related acts, whether committed against one or more victims, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. The bill would state that these changes are declaratory of existing law.
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 the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950.
Existing California Supreme Court case law allows the value of property taken pursuant to distinct acts of theft to be aggregated to a single count of grand theft if motivated by one intention, one general impulse, and one plan. Existing appellate case law allows the value of property from more than one victim to be aggregated if the thefts were accomplished as a result of one scheme or plan to defraud the victims and a single intent to act.
This bill would specify that if the value of the money, labor, real property, or personal property taken exceeds $950 over the course of distinct but related acts, whether committed against one or more victims, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. The bill would state that these changes are declaratory of existing law.
Existing law generally provides that grand theft is theft committed when the money, labor, or real or personal property taken is of a value exceeding $950 and is punishable as either a misdemeanor or a felony. Existing law further provides that if 2 or more persons conspire to commit a crime, that conspiracy is punishable as either a misdemeanor or felony, as specified.This bill would additionally provide that grand theft occurs where money, labor, or real or personal property in an aggregate amount exceeding $950 is taken as a result of an agreement or prior arrangement to take and the taking is made in concert with one or more other individuals. By creating a new crime, this bill would impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Existing law generally provides that grand theft is theft committed when the money, labor, or real or personal property taken is of a value exceeding $950 and is punishable as either a misdemeanor or a felony. Existing law further provides that if 2 or more persons conspire to commit a crime, that conspiracy is punishable as either a misdemeanor or felony, as specified.
This bill would additionally provide that grand theft occurs where money, labor, or real or personal property in an aggregate amount exceeding $950 is taken as a result of an agreement or prior arrangement to take and the taking is made in concert with one or more other individuals. By creating a new crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Grand theft is theft committed in any of the following cases:
(a)When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3)Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c)When the property is taken from the person of another.
(d)When the property taken is any of the following:
(1)An automobile.
(2)A firearm.
(e)If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan.
SEC. 2.The amendment of Section 487 of the Penal Code made by this act is declaratory of existing law in People v. Bailey (1961) 55 Cal.2d 514.
Grand theft is theft committed in any of the following cases:
(a)When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3)Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c)When the property is taken from the person of another.
(d)When the property taken is any of the following:
(1)An automobile.
(2)A firearm.
(e)If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan.
SEC. 2.The amendment of Section 487 of the Penal Code made by this act is declaratory of existing law in People v. Bailey (1961) 55 Cal.2d 514.
Grand theft is theft committed in any of the following cases:
(a)When the money, labor, or real or personal real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3)Where the money, labor, or real or personal real property, or personal property is taken by a servant, agent, or employee from his or her their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(4)Where money, labor, or real or personal property is taken as the result of an agreement, or by a prior arrangement to take, and the taking is made in concert with one or more other individuals, and where the aggregate amount taken by all participating individuals exceeds nine hundred fifty dollars ($950).(c)When the property is taken from the person of another.
(d)When the property taken is any of the following:
(1)An automobile.
(2)A firearm.
(e)If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan.
SEC. 2.The amendment of Section 487 of the Penal Code made by this act is declaratory of existing law in People v. Bailey (1961) 55 Cal.2d 514.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.Grand theft is theft committed in any of the following cases:
(a)When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).
(B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.
(2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3)Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(4)Where money, labor, or real or personal property is taken as the result of an agreement, or by a prior arrangement to take, and the taking is made in concert with one or more other individuals, and where the aggregate amount taken by all participating individuals exceeds nine hundred fifty dollars ($950).
(c)When the property is taken from the person of another.
(d)When the property taken is any of the following:
(1)An automobile.
(2)A firearm.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.
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Date
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Status
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| Jun 20, 2022 | Chaptered by Secretary of State - Chapter 22, Statutes of 2022. |
| Jun 20, 2022 | Approved by the Governor. |
| Jun 16, 2022 | Enrolled and presented to the Governor at 2 p.m. |
| Jun 9, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 9, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4129.). |
| Jun 2, 2022 | Read second time. Ordered to Consent Calendar. |
| Jun 1, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (May 31). |
| May 18, 2022 | Referred to Com. on PUB. S. |
| May 5, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 5, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 62. Noes 0. Page 4569.) |
| Apr 21, 2022 | Read second time. Ordered to third reading. |
| Apr 20, 2022 | From committee: Do pass. (Ayes 6. Noes 0.) (April 19). |
| Apr 18, 2022 | Re-referred to Com. on PUB. S. |
| Apr 7, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Apr 5, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 29, 2022 | In committee: Hearing postponed by committee. |
| Mar 3, 2022 | Referred to Com. on PUB. S. |
| Feb 17, 2022 | From printer. May be heard in committee March 19. |
| Feb 16, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Jun 9, 2022 | Consent Calendar AB2356 | Senate Floor |
Passed |
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| May 5, 2022 | AB 2356 Rodriguez Assembly Third Reading | Assembly Floor |
Passed |
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