California 2017-2018 Regular Session Status: In Committee Bipartisan · 1 D · 1 R cosponsors

AB 875 — Petty theft: subsequent convictions.

Last action — From committee: Without further action pursuant to Joint Rule 62(a).

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the penalty for petty theft as a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years. Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months up to 3 years. If the defendant completes the program, the criminal charges are dismissed. This bill would expand the enhanced petty theft penalties described above to a person who has a prior conviction for any serious or violent felony, and to any person who has 3 or more prior convictions for crimes such as petty theft or shoplifting, grand theft, and burglary. The bill would also authorize a court to grant deferred entry of judgment, for no less than 18 months and no longer than 3 years, to a defendant who has 3 or more prior convictions for those theft-related crimes, under certain conditions, including that the court is satisfied that the defendant suffers from a drug or alcohol addiction and the court finds that the addiction played a significant role in the commission of the offense. The bill would provide that if the person performs satisfactorily during the period of deferred entry of judgment, the criminal charges would be dismissed. The bill would establish procedures for deferred entry of judgment, including requiring county probation departments to file progress reports as directed by the court. The bill would additionally make conforming changes. The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the statewide general election.

Bill Text

Action History

  1. From committee: Without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, final hearing. Held without recommendation.

  3. Re-referred to Com. on PUB. S.

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

  5. In committee: Set, second hearing. Hearing canceled at the request of author.

  6. In committee: Set, first hearing. Hearing canceled at the request of author.

  7. Referred to Com. on PUB. S.

  8. From printer. May be heard in committee March 19.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Cooper

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
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Frequently asked questions

What does AB 875 do?
Existing law establishes the penalty for petty theft as a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years. Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months up to 3 years. If the defendant completes the program, the criminal charges are dismissed. This bill would expand the enhanced petty theft penalties described above to a person who has a prior conviction for any serious or violent felony, and to any person who has 3 or more prior convictions for crimes such as petty theft or shoplifting, grand theft, and burglary. The bill would also authorize a court to grant deferred entry of judgment, for no less than 18 months and no longer than 3 years, to a defendant who has 3 or more prior convictions for those theft-related crimes, under certain conditions, including that the court is satisfied that the defendant suffers from a drug or alcohol addiction and the court finds that the addiction played a significant role in the commission of the offense. The bill would provide that if the person performs satisfactorily during the period of deferred entry of judgment, the criminal charges would be dismissed. The bill would establish procedures for deferred entry of judgment, including requiring county probation departments to file progress reports as directed by the court. The bill would additionally make conforming changes. The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the statewide general election.
Who sponsors AB 875?
AB 875 is sponsored by Cervantes, Sabrina (Democratic), Cooper, and Lackey, Tom (Republican).
What is the current status of AB 875?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 875?
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