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california legislation > AB 316

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CONCURRENCE IN SENATE AMENDMENTS
AB 316 (Carter)
As Amended August 17, 2011
Majority vote

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|ASSEMBLY: |74-2 |(June 1, 2011) |SENATE: |37-0 |(August 22, |
| | | | | |2011)|
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Original Committee Reference: PUB. S.

SUMMARY : Creates a fine for grand theft of copper.
Specifically, this bill creates a fine for every person who
steals, takes, or carries away copper materials of another,
including, but not limited to, copper wire, copper cable, copper
tubing, and copper piping, which are of a value exceeding $950
is guilty of grand theft. Grand theft of copper shall be
punishable by a fine not exceeding $2,500, by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment, or by imprisonment in the state prison not
exceeding 16 months, or two or three years and a fine not
exceeding $10,000.

The Senate amendments
:

1)Specify a fine of up to $10,000 for felony grand theft of
copper and makes imposition of the fine mandatory.

2)Add double jointing language to ensure that this section shall
apply upon the implementation of AB 109 (Budget Committee),
Chapter 109, Statutes of 2011.

EXISTING LAW
:

1)Defines "grand theft" as any theft where the money, labor, or
real or personal property taken or when the property is taken
from the person of another is of a value exceeding $950.

2)Provides that grand theft is committed when the money, labor,
or real or personal property taken is of a value in excess of
$950, except as specified.

3)Provides that notwithstanding the value of the property taken,
grand theft is committed in any of the following cases:








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a) When domestic fowls, avocados, or other farm crops are
taken of a value exceeding $250;

b) When fish or other aquacultural products are taken from
a commercial or research operation that is producing that
product of a value exceeding $250;

c) Where money, labor or property is taken by a servant or
employee from his or her principal and aggregates $950 or
more in any consecutive 12-month period;

d) When the property is taken from the person of another;
or,

e) When the property taken is, among other things, an
automobile, horse or firearm.
4)Provides that if the grand theft involves the theft of a
firearm, it is punishable by imprisonment in state prison for
16 months, 2 or 3 years.

5)Provides that in all other cases, grand theft is punishable by
imprisonment in county jail for not more than one year or in
the state prison.

6)Provides that theft in other cases is petty theft.

7)States that petty theft is punishable by a fine not exceeding
$1,000; by imprisonment in the county jail not exceeding six
months; or, both.

8)Provides that any person who enters specified buildings,
including a vehicle, railroad car, locked or sealed cargo
container, whether or not mounted on a vehicle, with intent to
commit grand or petty theft or any felony is guilty of a
burglary.

AS PASSED BY THE ASSEMBLY , this bill created a fine for grand
theft of copper. Specifically, this bill created a fine not to
exceed $2,500 in addition to existing imprisonment provisions
for every person who feloniously steals, takes, or carries away
copper materials of another, including but not limited to copper
wire, copper cable, copper tubing and copper piping, which are
of a value exceeding $950.









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FISCAL EFFECT : According to the Assembly Appropriations
Committee, no significant state or local costs. Unknown, likely
minor, local revenue increase from new fines.

COMMENTS : According to the author, "With the prevalence of
metal thefts from large construction sites, public utility
yards, farms, ranches, and schools, AB 316 would classify stolen
copper materials exceeding $250 dollars as grand theft and help
decrease the rise of metal theft.

"Metal theft is one of the fastest growing crimes in the state
and country. The recent rise in scrap metal values has made the
theft and sale of these materials increasingly profitable. "

Please see the policy committee analysis for a full discussion
of this bill.


Analysis Prepared by
: Gabriel Caswell / PUB. S. / (916)
319-3744


FN: 0001990