AB 484

Bill Subjects

Abstract

State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on any person who takes, damages, or destroys any property in the commission or attempted commission of a felony, as specified. This bill would, until January 1, 2028, authorize the court, if a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, to impose an additional term of imprisonment of up to 2 years if the property loss exceeds $275,000, an additional term of imprisonment of up to 3 years if the property loss exceeds $1,750,000, or an additional term of imprisonment of up to 4 years if the property loss exceeds $4,400,000. Existing law provides for enhanced penalties against a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, that involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000. Existing law makes the additional punishment, if it involves the taking or loss of more than $500,000, a term of 2, 3, or 5 years in the state prison. Existing law, until January 1, 2018, due to an obsolete cross-reference to the repealed provisions described above, made the additional punishment, if it involves a taking or loss of more than $100,000 but less than $500,000, punishable by 2 years in the state prison if the loss was more than $200,000, and one year if the loss was less than that. This bill would remove that obsolete cross-reference and make that additional punishment equal to 2 years in the state prison. Because this bill would increase the penalty for existing felonies, it would impose 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.