AB 331: Organized theft.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-07-21
Prior law, until July 1, 2021, made a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acted in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplaces with the intent to sell or return the merchandise for value, acted in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acted as an agent of another to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft, or recruited, coordinated, organized, supervised, directed, managed, or financed another to undertake acts of theft.
This bill would reenact the crime of organized retail theft until January 1, 2026. By creating a new crime, this bill would create a state-mandated local program.
Prior law, until July 1, 2021, required the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment.
The bill would reenact the regional property crimes task force until January 1, 2026.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Prior law, until July 1, 2021, made a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acted in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplaces with the intent to sell or return the merchandise for value, acted in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acted as an agent of another to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft, or recruited, coordinated, organized, supervised, directed, managed, or financed another to undertake acts of theft.
This bill would reenact the crime of organized retail theft until January 1, 2026. By creating a new crime, this bill would create a state-mandated local program.
Prior law, until July 1, 2021, required the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment.
The bill would reenact the regional property crimes task force until January 1, 2026.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Prior law, until July 1, 2021, made a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acted in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplaces with the intent to sell or return the merchandise for value, acted in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acted as an agent of another to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft, or recruited, coordinated, organized, supervised, directed, managed, or financed another to undertake acts of theft.
This bill would reenact the crime of organized retail theft until January 1, 2026. By creating a new crime, this bill would create a state-mandated local program.
Prior law, until July 1, 2021, required the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment.
The bill would reenact the regional property crimes task force until January 1, 2026.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing
Prior law, until July 1, 2021, makes made a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts acted in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplaces with the intent to sell or return the merchandise for value, acts acted in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts acted as an agent of another to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances recruited, coordinated, organized, supervised, directed, managed, or financed another to undertake acts of theft.
This bill would extend the operation of reenact the crime of organized retail theft until January 1, 2026. By extending the operation of an existing creating a new crime, this bill would create a state-mandated local program.
Existing
Prior law, until July 1, 2021, requires required the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment.
The bill would extend the operation of reenact the regional property crimes task force until January 1, 2026.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, until July 1, 2021, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft.
This bill would extend the operation of the crime of organized retail theft indefinitely. until January 1, 2026. By extending the operation of an existing crime, this bill would create a state-mandated local program.
Existing law, until July 1, 2021, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment.
The bill would extend the operation of the regional property crimes task force until January 1, 2026.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, until July 1, 2021, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchants premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchants premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft.
This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would create 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.
This bill would declare that it is to take effect immediately as an urgency statute.
(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, 2026, and as of that date is repealed.
SEC. 2.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, 2026, and as of that date is repealed.
SEC. 3.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.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that prior protections against organized retail theft continue, it is necessary for this act to take effect immediately.
(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, 2026, and as of that date is repealed.
SEC. 2.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, 2026, and as of that date is repealed.
SEC. 3.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.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that prior protections against organized retail theft continue, it is necessary for this act to take effect immediately.
(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 July January 1, 2026, and as of that date is repealed.
SEC. 2.Division 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 July 1, 2026, and as of that date is repealed.SEC. 2.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, 2026, and as of that date is repealed.
SEC. 3.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.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that prior protections against organized retail theft continue, it is necessary for this act to take effect immediately.
(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 July 1, 2026, and as of that date is repealed.
SEC. 2.Division 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 July 1, 2026, and as of that date is repealed.
SEC. 3.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.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that existing prior protections against organized retail theft continue in effect, continue, it is necessary for this act to take effect immediately.
(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, 2026, and as of that date is repealed.
SEC. 2.Section 13899.1 of the Penal Code is amended to read:13899.1.This chapter shall remain in effect only until July 1, 2021, January 1, 2026, and as of that date is repealed.
SEC. 2.SEC. 3.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.
SEC. 3.SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that existing protections against organized retail theft continue in effect, it is necessary for this act to take effect immediately.
(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 July 1, 2021, and as of that date is repealed.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.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that existing protections against organized retail theft continue in effect, it is necessary for this act to take effect immediately.
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Date
|
Status
|
|---|---|
| Jul 21, 2021 | Chaptered by Secretary of State - Chapter 113, Statutes of 2021. |
| Jul 21, 2021 | Approved by the Governor. |
| Jul 15, 2021 | Enrolled and presented to the Governor at 3:30 p.m. |
| Jul 15, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 17 pursuant to Assembly Rule 77. |
| Jul 15, 2021 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1979.). |
| Jul 13, 2021 | Read second time. Ordered to third reading. |
| Jul 12, 2021 | From committee: Do pass. (Ayes 6. Noes 0.) (July 12). |
| Jul 9, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 8, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 6, 2021 | In committee: Hearing postponed by committee. |
| Jul 1, 2021 | In committee: Hearing postponed by committee. |
| Jun 22, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on APPR. |
| Jun 9, 2021 | Referred to Com. on PUB. S. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 27, 2021 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1598.). |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (May 20). |
| Apr 14, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 24, 2021 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 23). Re-referred to Com. on APPR. |
| Mar 17, 2021 | Re-referred to Com. on PUB. S. |
| Mar 16, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 12, 2021 | Referred to Com. on PUB. S. |
| Jan 28, 2021 | From printer. May be heard in committee February 27. |
| Jan 27, 2021 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 15, 2021 | AB 331 JONES-SAWYER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 15, 2021 | Assembly 3rd Reading AB331 Jones-Sawyer By Roth Urgency Clause | Senate Floor |
Passed |
|
| May 27, 2021 | AB 331 Jones-Sawyer Third Reading Urgency | Assembly Floor |
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.
Bill Author
Bill Co-Author(s):