AB 2943

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 22, 2024
  • Passed Senate Aug 08, 2024
  • Became Law Aug 16, 2024

Crimes: shoplifting.

Bill Subjects

Crimes Shoplifting

Abstract

(1) Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. The bill would also clarify that evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period. (2) Existing law prohibits the possession or receipt of stolen property, as specified. A violation of this prohibition is punishable as either a misdemeanor or a felony, depending on the value of the property and whether the offender has certain prior convictions. This bill would make it a crime for any person to possess property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property is not possessed for personal use and the person has intent to sell, exchange, or return the merchandise for value, or the intent to act in concert with one or more persons to sell, exchange, or return the merchandise for value, and the value of the possessed property exceeds $950. The bill would, for the purpose of determining the value of the property, aggregate the property with any other property possessed by the person with that intent within the prior 2 years and with any property possessed by another person acting in concert with the first person to sell, exchange, or return the merchandise for value, if that property was also acquired unlawfully. The bill would make this crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program. (3) Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft 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. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified. Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer's presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise. Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer's presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer's presence if the officer has probable cause to believe that person has committed shoplifting, as specified. The bill would clarify that local law enforcement or a local jurisdiction is prohibited from bringing a nuisance action against a business solely for the act of reporting retail crime, unless the report is knowingly false. (4) Existing law requires a peace officer to release upon a signed promise to appear any person arrested for a misdemeanor, unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to provide satisfactory proof of identification, or there are outstanding arrest warrants for the person. Additionally, existing law exempts from this provision persons arrested for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft. This bill would extend that exemption for organized retail theft until January 1, 2031. (5) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified. This bill would extend that authorization until January 1, 2031. (6) Existing law authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, and in misdemeanor cases, for a period not to exceed one year. Existing law authorizes the court to make and enforce the terms of probation for specified theft cases for a period not to exceed 3 years. This bill would, for an offense of shoplifting or petty theft, authorize the court to make and enforce the terms of probation for a period not to exceed 2 years. The bill would require a court that imposes a term longer than one year to consider referring the defendant to a collaborative court or rehabilitation program that is relevant to the underlying factor or factors that led to the commission of the offense, as specified. For a defendant under 25 years of age, the bill would require the court, to the extent such a program is available, to refer the defendant to a program modeled on healing-centered, restorative, trauma-informed, and positive youth development approaches that is provided in collaboration with community-based organizations. By increasing the period of probation, this bill would impose a state-mandated local program. (7) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (12)

Votes


Actions


Aug 16, 2024

California State Legislature

Chaptered by Secretary of State - Chapter 168, Statutes of 2024.

California State Legislature

Approved by the Governor.

Aug 12, 2024

California State Legislature

Enrolled and presented to the Governor at 3:30 p.m.

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 4.).

Aug 08, 2024

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 1.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 10 pursuant to Assembly Rule 77.

Aug 06, 2024

Senate

Read second time. Ordered to third reading.

Aug 05, 2024

Senate

Read third time and amended. Ordered to second reading.

Jul 01, 2024

Senate

Read second time. Ordered to third reading.

Jun 29, 2024

Senate

Read third time and amended. Ordered to second reading.

Jun 20, 2024

Senate

Read second time and amended. Ordered to third reading.

Jun 19, 2024

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 17).

Jun 17, 2024

Senate

Motion to place on APPR. suspense file failed

Senate

(Ayes 1. Noes 3.) (June 17)

Jun 11, 2024

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 11). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 05, 2024

Senate

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.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB S.

May 29, 2024

Senate

Referred to Com. on PUB S.

  • Referral-Committee
Com. on PUB S.

May 22, 2024

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 5508.)

May 21, 2024

Assembly

Read second time. Ordered to third reading.

May 20, 2024

Assembly

Read second time and amended. Ordered returned to second reading.

Assembly

From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 16).

Apr 24, 2024

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Apr 15, 2024

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Assembly

Measure version as amended on April 11 corrected.

Apr 11, 2024

Assembly

Read second time and amended.

Apr 10, 2024

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 9).

Apr 04, 2024

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Apr 03, 2024

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Mar 11, 2024

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Feb 16, 2024

Assembly

From printer. May be heard in committee March 17.

Feb 15, 2024

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2943 HTML
02/15/24 - Introduced PDF
04/03/24 - Amended Assembly PDF
04/11/24 - Amended Assembly PDF
05/20/24 - Amended Assembly PDF
06/05/24 - Amended Senate PDF
06/20/24 - Amended Senate PDF
06/29/24 - Amended Senate PDF
08/05/24 - Amended Senate PDF
08/12/24 - Enrolled PDF
08/16/24 - Chaptered PDF

Related Documents

Document Format
04/08/24- Assembly Public Safety PDF
04/22/24- Assembly Appropriations PDF
05/21/24- ASSEMBLY FLOOR ANALYSIS PDF
06/05/24- Senate Public Safety PDF
06/14/24- Senate Appropriations PDF
06/21/24- Sen. Floor Analyses PDF
07/02/24- Sen. Floor Analyses PDF
08/07/24- Sen. Floor Analyses PDF
08/09/24- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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