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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MARCH 30, 2011

INTRODUCED BY Assembly Member Carter

FEBRUARY 9, 2011

An act to amend Section 487 of add Section
487j to
the Penal Code, relating to theft.


LEGISLATIVE COUNSEL'S DIGEST


AB 316, as amended, Carter. Grand theft: copper materials.
Existing law generally provides that grand theft is theft when the
money, labor, or real or personal property taken is of a value
exceeding $950. Existing law makes the amount threshold of the theft
of certain items $250, including theft of farm crops and specified
agricultural products.
This bill would provide that grand theft also includes
the theft of copper materials exceeding a value of $250

every person who feloniously steals, takes, or carries away
copper materials which are of a value exceeding $950 is guilty of
grand theft, punishable by a fine not exceeding $2,500, or
imprisonment in a county jail not exceeding one year, or imprisonment
in the state prison not exceeding 16 months, or 2 or 3 years, or by
both that fine and imprisonment
. Because the bill
would change the definition of a crime, 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.

Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 487j is added to the
Penal Code
, to read:
487j. 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 nine hundred fifty dollars ($950) is guilty of grand
theft. Grand theft of copper shall be punishable by a fine not
exceeding two thousand five hundred dollars ($2,500), or imprisonment
in a county jail not exceeding one year, or imprisonment in the
state prison not exceeding 16 months, or two or three years, or by
both that fine and imprisonment.

SECTION. 1.
Section 487 of the Penal Code is
amended to read:
487. Grand theft is theft committed in any of the following
cases:
(a) When the money, labor, or real or personal property taken is
of a value exceeding nine hundred fifty dollars ($950), except as
provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding two hundred fifty dollars
($250).
(B) For the purposes of establishing that the value of domestic
fowls, avocados, olives, citrus or deciduous fruits, other fruits,
vegetables, nuts, artichokes, or other farm crops under this
paragraph exceeds two hundred fifty dollars ($250), that value may be
shown by the presentation of credible evidence which establishes
that on the day of the theft domestic fowls, avocados, olives, citrus
or deciduous fruits, other fruits, vegetables, nuts, artichokes, or
other farm crops of the same variety and weight exceeded two hundred
fifty dollars ($250) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding two
hundred fifty dollars ($250).
(3) When copper materials are taken, including, but not limited
to, copper wire, copper cable, copper tubing, and copper piping, of a
value exceeding two hundred fifty dollars ($250).
(4) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates nine hundred fifty dollars ($950) or more in
any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
(2) A firearm.

SEC. 2.
No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.