CC SR 20170502 E - AB 1326 Valuation of Goods for Felony Grand TheftRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 05/02/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to support Assembly Bill No. 1326 regarding
aggregate valuation of goods for felony grand theft
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter to Assemblymember Cooper in support of
Assembly Bill No. 1326 (AB 1326) regarding aggregate valuation of goods for
felony grand theft.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analysti�
REVIEWED BY: Gabriella Yap, Deputy City Manager.'
APPROVED BY: Doug Willmore, City Manager;/` -/u, -J
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in support of AB 1326 (page A-1)
B. League of California Cities "Action Alert" and letter in support of AB 1326
(page B-1)
C. AB 1326 (page C-1)
BACKGROUND AND DISCUSSION:
On March 29, 2017, the League of California Cities (League) advised Staff that
Assembly Bill No. 1326 (AB 1326) had been introduced on February 17, 2017, by
Assemblymember Jim Cooper from Elk Grove. As currently proposed, AB 1326 would
close a "loophole" in Proposition 47 (Prop 47) providing that any person convicted three
(3) or more times of specified theft offenses, who is subsequently convicted of another
theft crime, shall be sentenced to either county jail or state prison for up to one year
(Attachment C). The League supports AB 1326 (Attachment B) and has asked cities to
express their support for the bill as well.
In 2014, Prop 47 increased the threshold for grand theft (a felony) from $450 to $950
per incident. AB 1326 addresses a continuing increase in theft crimes since that time
by allowing the aggregate value all property stolen by an individual over the course of a
1
year to be used to determine if felony prosecution is warranted. Without closing this
loophole, criminals—who are well aware of the current Prop 47 threshold—will continue
to victimize businesses and communities with impunity, knowing that they will not face
felony prosecution as long as the monetary value of stolen goods does not exceed $950
per incident. This measure will ensure that persons convicted three (3) or more times of
specified theft offenses will be sentenced to either county jail or state prison for up to
one year.
The City has experienced an increase in theft and property crimes in the wake of
Realignment and Prop 47, a trend that is expected to continue as a result of the
passage of Proposition 57 (Prop 57) last November. In anticipation of this, all of the
cities of the Palos Verdes Peninsula have expended significant resources to implement
crime prevention programs and technology to protect our residents and businesses. By
closing this current loophole in Prop 47, AB 1326 will definitely complement the
Peninsula cities' efforts in this regard.
Staff has prepared a letter in support of the bill for the Mayor's signature (Attachment
A). If approved, Staff will immediately transmit this letter to Assemblymember Cooper
and the League.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration:
Do not authorize the Mayor to sign the letter in support of AB 1326.
2
May 2, 2017
The Honorable Jim Cooper
California State Assembly, 9t" District Via FAX: (916) 319-2109
State Capitol Building, Room 6025
Sacramento, CA 95814
SUBJECT: AB 1326 (Cooper). Theft. Aggregate Valuation. (As Amended 4/17/17)
Notice of Support
Dear Assembly Member Cooper:
On behalf of the City of Rancho Palos Verdes, I am pleased to announce our support for
Assembly Bill 1326.
Since Fall 2012, roughly one year after the enactment of AB 109, Public Safety
Realignment (Realignment), the Leaguef California Cities (League) has been receiving
anecdotal evidence from local law enforcement entities that property crimes have been
on the rise. There has been a significant increase in such reports since the approval by
California voters of Proposition 47, the Safe Neighborhoods and Schools Act (Prop 47).
Prop 47 in particular has helped fuel both a sustained increase in individual incidents of
shoplifting, as well as organized retail theft operations. The reason is that one of the key
provisions in Prop 47 increased the threshold amount for grand theft, a felony, to goods
or property amounting to a total value of $950. As a result, individuals apprehended while
allegedly shoplifting or attempting to commit another form of larceny can only be charged
with a misdemeanor unless the value of the goods they are caught with meets or exceeds
the $950 threshold. Those who habitually commit such crimes are aware of this new law,
and theft crimes continue unabated.
A related factor contributing to reduced incidence of incarceration for misdemeanor
offenses is that, prior to Realignment, many of California's county jails in the more
populous counties were already operating under court-ordered or self-imposed
population caps. With Realignment came still more jail population pressures as offenders
who had previously been sentenced to state prison began instead serving their time in
county jail. This is turn has led to a "revolving door syndrome" at county jails. Against
that backdrop, Prop 47 has led to a larger proportion of misdemeanor offenders
apprehended for theft crimes simply being booked and released, since bed space in
county jails is increasingly reserved for more serious offenders.
The net result is that whatever deterrent was in place against misdemeanor theft offenses
has been comprised, eroding public safety in our cities. Many businesses are losing a
significant percentage of their merchandise to petty theft, some of it brazen in nature,
A-1
Assembly Member Cooper
May 2, 2017
Page 2
without meaningful consequences for the perpetrators. Sales tax revenues to local
governments are correspondingly under threat.
Assembly Bill 1326 will address this situation by providing that any person convicted three
or more times of specified theft offenses, who is subsequently convicted of another theft
crime, shall be sentenced to either county jail or state prison for up to one year.
The City of Rancho Palos Verdes has definitely experienced an increase in theft and
property crimes in the wake of Realignment and Prop 47, a trend that we expect to
continue as a result of the recent passage of Proposition 57, Prison Sentence Reform
(Prop 57). In anticipation of this, Rancho Palos Verdes and the other cities of the Palos
Verdes Peninsula have expended significant resources to implement crime prevention
programs and technology (e.g., automated license plate recognition camera systems) to
protect our residents and businesses. Closing this current "loophole" in Prop 47 will
definitely complement our cities' efforts in this regard.
For these reasons, the City of
We applaud your leadership
bringing this measure forward.
Sincerely,
Brian Campbell
Mayor
Rancho Palos Verdes strongly supports this legislation.
and that of the California Police Chiefs Association in
cc: Rancho Palos Verdes City Council
Senator Ben Allen, 26th State Senate District
Al Muratsuchi, 66th State Assembly District
Jeff Kiernan, League Regional Public Affairs Manager
Meg Desmond, League of California Cities
Doug Willmore, City Manager
Gabriella Yap, Deputy City Manager
Jacqueline Ruiz, Administrative Analyst
A-2
From: Jeff Kiernan
To: Jeff Kiernan
Subject: FW: ACTION ALERT: AB 1326 (Cooper) Theft: Aggregate Valuation
Date: Wednesday, March 29, 2017 10:27:17 AM
Attachments: ab 1326 99 I bill.odf
SAMPLE Support Letter AB 1326 (Cooper) Aggregated Theft Offenses.docx
League Su000rt Letter AB 1326.pdf
Good Afternoon City Managers,
Some of you have heard about this from me already... this bill would help address some of the
changes to the criminal justice system that have been made through the initiative process recently.
Please let me know if you have any questions.
Jeff
ACTION ALERT! !
SUPPORT
AB 1326 (Cooper) Theft: aggregate valuation
The League is supporting Assembly Bill 1326 by Assembly Member Jim Cooper (D- Elk Grove). In
2014, Proposition 47 increased the threshold for grand theft, a felony, from $450.00 to $950.00 per
incident. AB 1326 addresses a continuing increase in theft crimes since that time by allowing law
enforcement authorities to aggregate the monetary value of property stolen by an individual over
the course of a year, and authorize felony prosecution if that monetary value meets the $950.00
threshold.
This measure will address increased incidents of both individual shoplifting and organized retail theft
operations responsible for the loss of millions of dollars in retail merchandise statewide, which
entail a corresponding hit to local sales tax revenues.
ACTION:
AB 1326 has been set for hearing in the Assembly Public Safety Committee on Tuesday, March
28, 2017. If you have an Assembly Member on this committee please send in your LETTER OF
CITY as soon as possible (sample attached). A letter may also be sent through the League's online
Action Center.
ASSEMBLY PUBLIC SAFETY
Member District Party Room Phone Fax
Cunningham. Jordan 35 4102 916 319 2035 916 319 2135
Gonzalez Fletcher, Lorena 80 2114 916 319 2080 916 319 2180
Jones- 59 2117 916 319 2059 916 319 2159
Sawyer. Reginald (Chair)
Lackey. Tom (Vice -Chair) 36 ® 21741 916 319 :20:3:6:71 916 319 2136
Quirk. Bill 20 2163 916 319 2020 916 319 2120
As
Rubio. Blanca I 48 I D 5175 I 916 319 2048 I 916 319 2148
Santiago. Mi uc�el 53 D� 6027 916 319 2053 916 319 2153
You can find your Legislator's contact information here: http://find)tourrep.legislature.ca.gov[.
Talking Points:
Prop. 47 has had the unintended consequence of incentivizing career criminals to take
advantage of criminal justice reforms meant to prevent low-level offenders from receiving
lengthy jail sentences. This class of offenders can now steal up to just under $950 worth of
merchandise with little concern for the limited consequences (misdemeanor convictions
carry little, if any, incarceration time), which are greatly outweighed by the potential
financial gain of their recurring criminal activity.
• According to the California Police Chiefs Association, statewide data collected from over 300
municipal police departments showed that California's property crime rate increased 7.26
percent in 2015, compared with 2014. The rate change for the rest of the U.S., however,
decreased 4.77 percent — a difference of over 12 percent.
• Only nine of 50 states reported property crime rate increases during the 2014-15 period,
with Hawaii being the only state with a higher rate and product loss than California.
• According to the California Department of Justice, the total value of stolen property in 2015
was just under $2.5 billion, an increase of $287.8 million (or 13.2 percent) over 2014. That
represents the largest year -over -year increase in at least ten years. These statistics are
further corroborated by similar business trends regarding shoplifting.
• Since the fall of 2012, roughly one year after the enactment of AB 109, Public Safety
Realignment, the League has received anecdotal evidence from local law enforcement
entities that property crimes have been on the rise. There has been a significant increase in
such reports since the approval by California voters of Proposition 47, the Safe
Neighborhoods and Schools Act.
• This bill gives law enforcement a badly needed tool to combat increased theft crimes, both
petty shoplifting and organized retail theft that is costing businesses millions of dollars, and
is depriving cities, conservatively, of tens of thousands of dollars in sales tax revenue.
FMIEW
LMIWAI
T�T T� 1400 K Street, Suite 400 • Sacramento, California 95814
OF CALIFORNIA Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
March 9, 2017
The Honorable Jim Cooper
State Capitol, Room 6025
Sacramento, CA 95814
RE: AB 1326 (Cooper). Theft. Ammeimte Valuation.
(As Introduced)
Notice of Support
Dear Assembly Member Cooper:
On behalf of the League of California Cities, I am pleased to announce our support for Assembly
Bill 1326.
Since the Fall of 2012, roughly one year after the enactment of AB 109, Public Safety Realignment, the
League has been receiving anecdotal evidence from local law enforcement entities that property crimes
have been on the rise. There has been a significant increase in such reports since the approval by
California voters of Proposition 47, the Safe Neighborhoods and Schools Act.
Proposition 47 in particular has helped fuel both a sustained increase in individual incidents of
shoplifting, as well as organized retail theft operations. The reason is that one of the key provisions in
Prop. 47 increased the threshold amount for grand theft, a felony, to goods or property amounting to a
total value of $950.00. As a result, individuals apprehended while allegedly shoplifting or attempting to
commit another form of larceny can only be charged with a misdemeanor unless the value of the goods
they are caught with meets or exceeds the $950.00 threshold. Those who habitually commit such crimes
are aware of this new law, and theft crimes continue unabated.
A related factor contributing to reduced incidence of incarceration for misdemeanor offenses, is that prior
to Public Safety Realignment, many of California's county jails in the more populous counties were
already operating under court-ordered or self-imposed population caps. With Realignment came still
more jail population pressures as offenders who had previously been sentenced to state prison began
instead serving their time in county jail. This in turn has lead to a "revolving door syndrome" at county
jails. Against that backdrop, Proposition 47 has led to a larger proportion of misdemeanor offenders
apprehended for theft crimes simply being booked and released, since bed space in county jails is
increasingly reserved for more serious offenders.
The net result is that whatever deterrent was in place against misdemeanor theft offenses has been
comprised, eroding public safety in our cities. Many businesses are losing a significant percentage of
their merchandise to petty theft, some of it brazen in nature, without meaningful consequences for the
perpetrators. Sales tax revenues to local governments are correspondingly under threat.
MAN
Assembly Bill 1326 will address this situation by allowing law enforcement authorities to aggregate the
monetary value of property stolen by an individual over the course of a year, and authorize felony
prosecution if that monetary value meets the $950.00 threshold.
For these reasons, the League of California Cities strongly supports this legislation. We applaud your
leadership and that of the California Police Chiefs Association in bringing this measure forward. If you
have any questions regarding the League's position on this bill, please contact me at (916) 658-8252.
Respectfully,
Ila—
Tim Cromartie
Legislative Representative
cc: Jonathan Feldman, Legislative Representative, California Police Chiefs Association
Sean Hoffman, California District Attorneys Association
Angela Manetti, California Retailers Association
AMENDED IN ASSEMBLY APRIL 17, 2017
AMENDED IN ASSEMBLY APRIL 6, 2017
CALIFORNIA LEGISLATURE -2o17-18 REGULAR SESSION
ASSEMBLY BILL
No. 1326
Introduced by Assembly Members Cooper and Cervantes
(Coauthor, Assembly Member Boeanegra)
(Coauthors: Assembly Members Arambula, Bocanegra, Calderon,
Chau, Dababneh, Grayson, and Lackey)
(Coauthor: Senator Wilk)
February 17, 2017
An act to amend-S-eetion Sections 459.5, 490.2, and 666 of the Penal
Code, relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 1326, as amended, Cooper. Petty theft: subsequent convictions.
Existing law establishes the penalty for petty theft as a fine not
exceeding $1,000, or by imprisonment in the county jail not exceeding
6 months, or by both that fine and imprisonment. Existing law, the Safe
Neighborhoods and Schools Act, enacted as an initiative statute by
Proposition 47, as approved by the electors at the November 4, 2014,
statewide general election, provides that a registered sex offender or a
person with a prior conviction for certain serious or violent felonies,
such as a sexually violent offense, who commits petty theft, is subject
to imprisonment in the county jail for up to one year or in the state
prison for 16 months, or 2 or 3 years.
This bill would expand those enhanced petty theft penalties to a person
who has a prior conviction for any serious or violent felony, and to any
person who as 3 or more prior convictions for crimes such as petty theft,
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AB 1326 —2—
grand
2—
grand theft, and burglary. The bill would also authorize the court, when
it is in the interests of justice, to order a person convicted of a felony
violation under those provisions to complete a licensed drug
rehabilitation program in lieu of part or all of any term of imprisonment.
The bill would provide that as a condition of that sentence, the court
may require the offender to pay all or a portion of the drug
rehabilitation program, as specified. The bill would make additional
conforming changes.
The California Constitution authorizes the Legislature to amend an
initiative statute by another statute that becomes effective only when
approved by the electors.
This bill would provide that it would become effective only upon
approval of the voters, and would provide for the submission of this
measure to the voters for approval at the statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 459.5 of the Penal Code is amended to
2 read:
3 459.5. (a) Notwithstanding Section 459, shoplifting is defined
4 as entering a commercial establishment with intent to commit
5 larceny while that establishment is open during regular business
6 hours, where the value of the property that is taken or intended to
7 be taken does not exceed nine hundred fifty dollars ($950). Any
8 other entry into a commercial establishment with intent to commit
9 larceny is burglary. Shoplifting shall be punished as a
10 misdemeanor, except as provided in subdivisions (a) and (b) of
11 Section 666, and except that a person with one or more prior
12 convictions for an offense specified in clause (iv) of subparagraph
13 (C) of paragraph (2) of subdivision (e) of Section 667 or for an
14 offense requiring registration pursuant to subdivision (c) of Section
15 290 may be punished pursuant to subdivision (h) of Section 1170.
16 (b) Any act of shoplifting as defined in subdivision (a) shall be
17 charged as shoplifting. No person who is charged with shoplifting
18 may also be charged with burglary or theft of the same property.
19 SEC. 2. Section 490.2 of the Penal Code is amended to read:
20 490.2. (a) Notwithstanding Section 487 or any other provision
21 of law defining grand theft, obtaining any property by theft where
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— 3 — AB 1326
1 the value of the money, labor, or real or personal property taken
2 does not exceed nine hundred fifty dollars ($950) shall be
3 considered petty theft and shall be punished as a misdemeanor,
4 except as provided in subdivisions (a) and (b) of Section 666, and
5 except that-sm+ the person may instead be punished pursuant to
6 subdivision (h) of Section 1170 if that person has one or more
7 prior convictions for an offense specified in clause (iv) of
8 subparagraph (C) of paragraph (2) of subdivision (e) of Section
9 667 or for an offense requiring registration pursuant to subdivision
10 (c) of Section 290.
11 (b) This section shall not be applicable to any theft that may be
12 charged as an infraction pursuant to any other provision of law.
13 (c) This section shall not apply to theft of a firearm.
14 SECT40 N i
15 SEC. 3. Section 666 of the Penal Code is amended to read:
16 666. (a) Notwithstanding Section 490, every person who,
17 having been convicted three or more times of petty theft, grand
18 theft, a conviction pursuant to subdivision (d) or (e) of Section
19 368, auto theft under Section 10851 of the Vehicle Code, burglary,
20 carjacking, robbery, or a felony violation of Section 496, and
21 having served a term therefor in any penal institution or having
22 been imprisoned therein as a condition of probation for that offense,
23 and who is subsequently convicted of petty theft, is punishable by
24 imprisonment in a county jail not exceeding one year, or
25 imprisonment pursuant to subdivision (h) of Section 1170.
26 (b) Notwithstanding Section 490, any person described in
27 paragraph (1) who, having been convicted of petty theft, grand
28 theft, a conviction pursuant to subdivision (d) or (e) of Section
29 368, auto theft under Section 10851 of the Vehicle Code, burglary,
30 carjacking, robbery, or a felony violation of Section 496, and
31 having served a term of imprisonment therefor in any penal
32 institution or having been imprisoned therein as a condition of
33 probation for that offense, and who is subsequently convicted of
34 petty theft, is punishable by imprisonment in the county jail not
35 exceeding one year, or in the state prison.
36 (1) This subdivision shall apply to any person who is required
37 to register pursuant to the Sex Offender Registration Act, or who
38 has a prior violent or serious felony conviction, as specified in
39 subdivision (c) of Section 667.5 or subdivision (c) of Section
40 1192.7.
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AB 1326
1 (2) This subdivision shall not be construed to preclude
2 prosecution or punishment pursuant to subdivisions (b) to (i),
3 inclusive, of Section 667, or Section 1170.12.
4 (c) (1) The court may, when it is in the interests ofjustice, order
5 a person convicted of a felony violation of subdivision (a) or (b)
6 to complete a licensed drug rehabilitation program in lieu of part
7 or all of any term of imprisonment. As a condition of that sentence,
8 the court may require the offender to pay all or a portion of the
9 drug rehabilitation program, to the extent the offender is financially
10 able to do so.
11 (2) Paragraph (1) does not prevent deferred entry of judgment
12 or a defendant's participation in a preguilty plea drug court
13 program under Chapter 2.5 (commencing with Section 1000) of
14 Title 6 of Part 2 unless the person is charged with violating
15 subdivision (b) or (c) of Section 243.
16 SEC.
17 SEC. 4. Sections 1, 2, and 3 of this act amends the Safe
18 Neighborhoods and Schools Act, Proposition 47, an initiative
19 statute, and shall become effective only when submitted to and
20 approved by the voters at a statewide election. The Secretary of
21 State shall submit-Seetiott4 Sections 1, 2, and 3 of this act for
22 approval by the voters at a statewide election in accordance with
23 Section 9040 of the Elections Code.
31
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