AB 1326

Bill Subjects

Abstract

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, 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.