Marc Berman
- Democratic
- Assemblymember
- District 23
Author
Existing law prohibits the theft of merchandise from a retail establishment. Existing law authorizes a court, upon sentencing a person for specified offenses, including stalking and elder abuse, to issue a criminal protective order prohibiting the person from contacting any victim of their offense. This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, vandalism of a retail establishment, or battery of an employee of a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment, including any parking lots and including other franchise or chain locations of the retail establishment, as specified. The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this type against a person who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest, 2 or more times for any of the offenses at the same retail establishment, as specified. The bill would also make conforming changes. The bill would make a violation of these orders punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. Existing law requires a person arrested for a misdemeanor to be issued a written notice to appear and to be released upon their signed promise to appear, except as otherwise provided. This bill would exempt a violation of a retail establishment restraining order from that requirement. 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.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 17).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 11). Re-referred to Com. on APPR.
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.
Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 1.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
Assembly Rule 63 suspended.
From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 16).
In committee: Set, first hearing. Referred to suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 9). Re-referred to Com. on APPR.
Coauthors revised.
Re-referred to Com. on PUB. S. pursuant to Assembly Rule 96.
From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.
From printer. May be heard in committee March 18.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB3209 | HTML |
| 02/16/24 - Introduced | |
| 04/01/24 - Amended Assembly | |
| 05/16/24 - Amended Assembly | |
| 06/04/24 - Amended Senate | |
| 06/20/24 - Amended Senate | |
| 06/29/24 - Amended Senate |
| Document | Format |
|---|---|
| 04/08/24- Assembly Public Safety | |
| 04/15/24- Assembly Appropriations | |
| 05/20/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/05/24- Senate Public Safety | |
| 06/14/24- Senate Appropriations | |
| 06/21/24- Sen. Floor Analyses | |
| 07/02/24- Sen. Floor Analyses |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.