HomeMy WebLinkAboutAgenda Report - March 16, 2016 C-14TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
AGENDA ITEM
C/4
Authorize the Mayor, on Behalf of the City Council, to Send a Letter of
Support for AB 1869 (Melendez): Theft: Firearms
March 16, 2016
City Clerk
RECOMMENDED ACTION: Authorize the Mayor, on behalf of the City Council, to send a letter
of support for AB 1869 (Melendez): Theft: Firearms.
BACKGROUND INFORMATION: On February 23, 2016, the City received correspondence from
Assemblywoman Melissa Melendez's office to support AB 1869
(Melendez): Theft: Firearms.
Proposition 47 resulted in a number of unfortunate changes, including reclassifying any theft that does
not exceed a value of $950 as a misdemeanor petty theft, including firearms. Nearly all handguns, which
are the type of firearm most likely to be stolen according to the FBI, retail for well below that amount.
Assembly Bill 1869 will reinstate the felony penalty for all firearms theft and allow law enforcement to
better serve our public safety needs. AB 1869 will also allow felony charges for the purchase or receipt of
a stolen firearm if circumstances warrant it.
A copy of the request, the text of the bill, and a draft letter of support is attached for Council's review and
information.
For the reasons stated above and in the attached correspondence, it is recommended that the
City Council authorize the execution and delivery of the proposed correspondence.
FISCAL IMPACT:
FUNDING AVAILABLE:
Not applicable.
Not applicable.
annifer
ity Clerk
Ferraiolo
en Schwa r.
APPROVED:
en Schwa er, City Manager
N:\Administration\CLERK\Council\COUNCOM\LegislationSupport.doc
Jennifer Ferraiolo
From: Henson, Samantha <Samantha.Henson@asm.ca.gov>
Sent: Tuesday, February 23, 2016 4:05 PM
To: Jennifer Ferraiolo
Cc: Borasi, Matthew
Subject: AB 1869 (Melendez)
Attachments: AB 1869_Fact Sheet.pdf
Hi Jennifer,
My name is Samantha Henson and I work for Assemblywoman Melendez's Office. The Assemblywoman would
appreciate the City of Lodi's support for AB 1869.
Under Proposition 47, theft of a firearm that is under $950 is considered a misdemeanor. This would make current law,
as written in Proposition 47, ineffective in curtailing gun theft and gun trafficking. We are already seeing evidence of this
with the recent murder of two hikers and a young woman in San Francisco, CA and the murder of a young man in
Oakland, CA.
AB 1869 would restore previous law by making theft of a firearm felony grand theft in all cases. Buying and/or receiving
a stolen firearm would also be restored as a designated wobbler.
I look forward to hearing from you for the city's possible support. For your reference, I will attach a factsheet.
Best,
Samantha
Samantha C. Henson
Assembly Fellow
Office of Assemblywoman Melissa Melendez
California State Assembly 1 District 67
Office: (916) 319-2067 ext: 2736 1 Fax: (916) 319-2167
Please go to Assemblywoman Melendez's webpage for more information on issues pertaining to the 67th District, and
follow her on twitter and facebook. https://ad67.asmrc.org/
1
LEGISLATIVE BACKGROUND SHEET
Assemblywoman Melissa A. Melendez
67th District
Background
Prior to the recent passage of Proposition 47, the theft of
any firearm was designated as grand theft, a felony,
despite the value of the firearm itself (Penal Code §
487(d)(2)). In addition, the act of knowingly receiving
and/or selling a stolen firearm was considered a
misdemeanor/felony (wobbler) that would be left to the
discretion of the judge (Penal Code § 496(a)).
Proposition 47 amended the above to where the theft of a
firearm, as long as it does not exceed $950 in value, is
considered petty theft, a misdemeanor. Also, the act of
knowingly receiving and/or selling stolen firearms is
only considered a misdemeanor so long the value of the
firearm does not exceed $950.
Problem Being Addressed
Proposition 47 lessened the penalties for the theft of
firearms. Prior to the passage of Proposition 47, the
penalty would be imprisonment in state prison for 16
months, 2, or 3 years. Under current law, the theft of a
firearm (not exceeding $950) is a misdemeanor
punishable by imprisonment in county jail for up to six
months and/or a fine of up to $1,000 — the standard
penalty for petty theft under the provisions of Penal
Code § 490.
In addition, current law dictates that gun trafficking
related crimes (receiving/selling stolen firearms) will
only be considered a misdemeanor so long as the
property is not valued more than $950. This crime would
be punishable by imprisonment in county jail for up to
six months and/or a fine of up to $1,000 (subject to
realignment rules).
The majority of handguns and most rifles and shotguns
are valued under $950. This would make current law, as
written in Proposition 47, ineffective in curtailing gun
theft and gun trafficking. We are already seeing evidence
of this with the recent murder of two hikers and a young
woman in San Francisco, CA and the murder of a young
man in Oakland, CA.
Which code section is affected?
Sections 490.2 and 496 of the Penal Code.
January 22, 2016
Assembly Bill 1869
Summary
AB 1869 would restore the penalties that were in place
prior to the passage of Proposition 47.
Specifically, this bill would restore previous law by
making theft of a firearm felony grand theft in all cases.
Buying and/or receiving a stolen firearm would also be
restored as a designated wobbler.
Since this bill would be increasing the penalties for theft
and the trafficking of stolen firearms, it would not be
"consistent with" and does not "further the intent" of
Proposition 47. Therefore, in order for this bill to amend
Proposition 47, AB 1869 requires passage by a simple
majority of the legislature, the Governor's signature and
a simple majority of California voters.
Sponsor
California State Sheriffs Association; California Peace
Officers Association; California District Attorneys
Association
Staff Contact
Matt Borasi — 916-319-2067
matthew.borasi@asm.ca. gov
CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION
ASSEMBLY BILL No. 1869
Introduced by Assembly Members Melendez and Gray
(Coauthors: Assembly Members Travis Allen, Baker, Brown,
Chavez, Dodd, Beth Gaines, Gallagher, Jones, Lackey, Linder,
Mayes, Olsen, Patterson, Waldron, and Wilk)
(Coauthors: Senators Anderson, Bates, Block, Huff, Nielsen, and Stone)
February 10, 2016
An act to amend Sections 490.2 and 496 of the Penal Code, relating
to theft, and calling an election, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1869, as introduced, Melendez. Theft: firearms.
(1) The existing 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, makes the theft of
property that does not exceed $950 in value petty theft, and makes that
crime punishable as a misdemeanor, with certain exceptions.
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 amend that initiative statute by making the theft of a
firearm grand theft in all cases and punishable by imprisonment in the
state prison for 16 months, or 2 or 3 years.
(2) Under existing law, a person who buys or receives property that
has been stolen, knowing the property to be stolen, or who conceals,
sells, withholds, or aids in concealing, selling, or withholding property
from the owner, knowing the property to be stolen, is guilty of a
misdemeanor or a felony, except that if the value of the property does
99
AB 1869 —2—
not
2—
not exceed $950. Proposition 47 makes the offense punishable as a
misdemeanor if the defendant has not previously been convicted of one
or more specified serious or violent felonies or of an offense requiring
registration as a sex offender.
This bill would amend that initiative statute by making the buying or
receiving of a stolen firearm, with knowledge that the property was
stolen, or the concealing, selling, withholding, or aiding in concealing,
selling, or withholding of a firearm, with knowledge that the property
was stolen, a misdemeanor or a felony.
(3) This bill would call a special election to be consolidated with the
November 8, 2016, statewide general election. This bill would require
the Secretary of State to submit the provisions of the bill that amend
the initiative statute to the electors for their approval at the November
8, 2016, consolidated election.
This bill would declare that it is to take effect immediately as an act
calling an election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. (a) In submitting this act to the electors, the
2 Legislature finds and declares all of the following:
3 (1) The theft of firearms and receipt of stolen firearms pose
4 dangers to public safety that are different in kind from other types
5 of theft or the receipt of other types of stolen property.
6 (2) Many handguns have a value of less than $950. The threat
7 to public safety in regard to stolen firearms goes above and beyond
8 the monetary value of the firearm.
9 (3) Given the significant and particular threat to public safety
10 in regard to stolen firearms, it is appropriate to restore the penalties
11 that existed prior to the passage of the Safe Neighborhoods and
12 Schools Act of 2014 in regard to stolen firearms.
13 (b) It is not the intent of the Legislature in submitting this act
14 to the electors to undermine the voters' decision to decrease
15 penalties for low-level theft and receiving stolen property, only to
16 give the voters the opportunity to decide whether firearm thefts
17 and the receipt of stolen firearms should be subject to penalties
18 that existed prior to the passage of the Safe Neighborhoods and
19 Schools Act.
99
-3— AB 1869
1 SEC. 2. Section 490.2 of the Penal Code is amended to read:
2 490.2. (a) Notwithstanding Section 487 or any otherirovision
3 of law defining grand theft, except as provided in subdivision (c),
4 obtaining any property by theft where the value of the money,
5 labor, real property, or personal property taken does not exceed
6 nine hundred fifty dollars ($950) shall bc considcrcd is petty theft
7 and shall be punished as a misdemeanor, except that such the
8 person may instead be punished pursuant to subdivision (h) of
9 Section 1170 if that person has one or more prior convictions for
10 an offense specified in clause (iv) of subparagraph (C) of paragraph
11 (2) of subdivision (e) of Section 667 or for an offense requiring
12 registration pursuant to subdivision (c) of Section 290.
13 (b) This section -shall does not bc applicable apply to any a theft
14 that may be charged as an infraction pursuant to any other -provision
15 o+ law.
16 (c) If the property taken is a firearm, the theft is grand theft in
17 all cases, as specified in paragraph (2) of subdivision (d) of Section
18 487, and is punishable pursuant to subdivision (a) of Section 489.
19 SEC. 3. Section 496 of the Penal Code is amended to read:
20 496. (a) (1) Every person who buys or receives any property
21 that has been stolen or that has been obtained in any manner
22 constituting theft or extortion, knowing the property to be so stolen
23 or obtained, or who conceals, sells, withholds, or aids in
24 concealing, selling, or withholding any property from the owner,
25 knowing the property to be so stolen or obtained, shall be punished
26 by imprisonment in a county jail for not more than one year, or
27 imprisonment pursuant to subdivision (h) of Section 1170.
28 However, except as provided in subdivision (e), if the value of the
29 property does not exceed nine hundred fifty dollars ($950), the
30 offense shall be is a misdemeanor, punishable only by
31 imprisonment in a county jail not exceeding one year, if sueh the
32 person has no prior convictions for an offense specified in clause
33 (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of
34 Section 667 or for an offense requiring registration pursuant to
35 subdivision (c) of Section 290.
36 A
37 (2) A principal in the actual theft of the property may be
38 convicted pursuant to this section. However, -re a person may not
39 be convicted both pursuant to this section and of the theft of the
40 same property.
99
AB 1869 — 4 —
1 (b) (1) Every swap meet vendor, as defined in Section 21661
2 of the Business and Professions Code, and every person whose
3 principal business is dealing in, or collecting, merchandise or
4 personal property, and every agent, employee, or representative
5 of that person, who buys or receives any property of a value in
6 excess of nine hundred fifty dollars ($950) that has been stolen or
7 obtained in any manner constituting theft or extortion, under
8 circumstances that should cause the person, agent, employee, or
9 representative to make reasonable inquiry to ascertain that the
10 person from whom the property was bought or received had the
11 legal right to sell or deliver it, without making a reasonable inquiry,
12 shall be punished by imprisonment in a county jail for not more
13 than one year, or imprisonment pursuant to subdivision (h) of
14 Section 1170.
15er-y
16 (2) Every swap meet vendor, as defined in Section 21661 of the
17 Business and Professions Code, and every person whose principal
18 business is dealing in, or collecting, merchandise or personal
19 property, and every agent, employee, or representative of that
20 person, who buys or receives any property of a value of nine
21 hundred fifty dollars ($950) or less that has been stolen or obtained
22 in any manner constituting theft or extortion, under circumstances
23 that should cause the person, agent, employee, or representative
24 to make reasonable inquiry to ascertain that the person from whom
25 the property was bought or received had the legal right to sell or
26 deliver it, without making a reasonable inquiry, shall be guilty of
27 a misdemeanor.
28 (c) A person who has been injured by a violation of
29 subdivision (a) or (b) may bring an action for three times the
30 amount of actual damages, if any, sustained by the plaintiff, costs
31 of suit, and reasonable attorney's fees.
32 (d) Notwithstanding Section 664, any an attempt to commit any
33 act prohibited by this section, except an offense specified in the
34 accusatory pleading as a misdemeanor, is punishable by
35 imprisonment in a county jail for not more than one year, or by
36 imprisonment pursuant to subdivision (h) of Section 1170.
37 (e) Notwithstanding subdivision (a), a person who buys or
38 receives a firearm that has been stolen or that has been obtained
39 in any manner constituting theft or extortion, knowing the property
40 to be so stolen or obtained, or who conceals, sells, withholds, or
99
-5— AB 1869
1 aids in concealing, selling, or withholding a firearm from the
2 owner, knowing the property to be so stolen or obtained, shall be
3 punished by imprisonment in a county jail for not more than one
4 year or imprisonment pursuant to subdivision (h) of Section 1170.
5 SEC. 4. (a) Sections 2 and 3 of this act amend the Safe
6 Neighborhoods and Schools Act, Proposition 47, an initiative
7 statute, and shall become effective only when submitted to and
8 approved by the voters at a statewide election.
9 (b) A special election is hereby called, to be held throughout
10 the state on November 8, 2016, for approval by the voters of
11 Sections 2 and 3 of this act. The special election shall be
12 consolidated with the statewide general election to be held on that
13 date. The consolidated election shall be held and conducted in all
14 respects as if there were only one election, and only one form of
15 ballot shall be used.
16 (c) Notwithstanding the requirements of Sections 9040, 9043,
17 9044, 9061, 9082, and 9094 of the Elections Code, or any other
18 law, the Secretary of State shall submit Sections 2 and 3 of this
19 act to the voters for their approval at the November 8, 2016,
20 statewide general election.
21 SEC. 5. This act calls an election within the meaning of Article
22 IV of the Constitution and shall go into immediate effect.
0
99
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
Assemblymember Melendez
State Capitol, Room 6031
Sacramento, CA 95814
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk@lodi.gov
March 17, 2016
RE: AB 1869 (Melendez) Theft: Firearms
Notice of SUPPORT
Dear Assemblymember Melendez,
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
On behalf of the City of Lodi, I am writing in support of Assembly Bill 1869. As you know, the
language in Proposition 47 resulted in a number of unfortunate changes, many of which pose
serious threats to public safety.
Proposition 47 reclassifies any theft that does not exceed a value of $950 as a misdemeanor petty
theft, including firearms. Nearly all handguns, which are the type of firearm most likely to be stolen
according to the FBI, retail for well below that amount.
Thankfully, Assembly Bill 1869 will reinstate the felony penalty for all firearms theft and allow law
enforcement to better serve our public safety needs. AB 1869 will also allow felony charges for the
purchase or receipt of a stolen firearm if circumstances warrant it.
I look forward to seeing this dangerous loophole closed and offer my support to Assembly Bill 1869
and its passage.
Sincerely,
Mark Chandler,
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 319-2109
Stephen Qualls, League of California Cities, squalls@cacities.org
Meg Desmond, League of California Cities, mdesmond@cacities.org
N:AAdministration\CLERK\Council\CORRESP\LETTERS\11869.doc
FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
ci€yclrk(iu lodi.goa or pfarris+u?,1odi.gov
DATE: March 17, 2016
FROM: Pamela M. Farris
Deputy City Clerk
TO: Assemblymember Melissa Melendez, 916-319-2167
Senator Cathleen Galgiani, 916-651-4905
Assemblymember Jim Cooper, 916-262-0995
COMMENTS: Attached please find the Notice of Support for AB 1869
(Melendez) — Theft: Firearms
THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET.
forms\aafaxjen.doc
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
Assemblymember Melendez
State Capitol, Room 6031
Sacramento, CA 95814
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
VJ\WA, IDdL gC.V cityclerk(CI�,IodLQov
March 17, 2016
RE: AB 1869 (Melendez) Theft: Firearms
Notice of SUPPORT
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
Dear Assemblymember Melendez,
On behalf of the City of Lodi, I am writing in support of Assembly Bill 1869. As you know, the
language in Proposition 47 resulted in a number of unfortunate changes, many of which pose
serious threats to public safety.
Proposition 47 reclassifies any theft that does not exceed a value of $950 as a misdemeanor petty
theft, including firearms. Nearly all handguns, which are the type of firearm most likely to be stolen
according to the FBI, retail for well below that amount.
Thankfully, Assembly Bill 1869 will reinstate the felony penalty for all firearms theft and allow law
enforcement to better serve our public safety needs. AB 1869 will also allow felony charges for the
purchase or receipt of a stolen firearm if circumstances warrant it.
I look forward to seeing this dangerous loophole closed and offer my support to Assembly Bill 1869
and its passage.
Sincerely,
Mark Chandler,
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 319-2109
Stephen Qualls, League of California Cities, scualls a@.cacities.oru
Meg Desmond, League of California Cities, mdesmond@cacities.org
N:\Administration\CLERK\Council\CORRESP\LETTERS\I 1869. doc
03/17/2016 THU 10:14 FAX
Zoo].
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JOB NO. 3349
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TRANSACTION OK 919163192167
919166514905
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FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
ciIyv1rk i?Indi,goy or pfnrrisOIocli. = i _
DATE: March 17, 2016
FROM: Pamela M. Farris
Deputy City Clerk
TO: Assemblymember Melissa Melendez, 916-319-2167
Senator Cathleen Galgiani, 916-651-4905
Assemblymember Jim Cooper, 916-262-0995
COMMENTS: Attached please find the Notice of Support for AB 1869
(Melendez) — Theft: Firearms
THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET,
03/17/2016 THU 10:43
FAX
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*** FAX TX REPORT ***
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TRANSMISSION OK
JOB NO. 3354
DEPT. ID 101
DESTINATION ADDRESS 919163192109
SUBADDRESS
DESTINATION ID
ST. TIME 03/17 10:42
TX/RX TIME 00' 46
PGS. 2
RESULT OK
FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
eilycirk(/ Iodi. v or pron. is* od i v
DATE: March 17, 2016
FROM: Pamela M. Farris
Deputy City Clerk
TO: Assemblymember Rob Bonta, 916-319-2118
Senator Cathleen Galgiani, 916-651-4905
Assemblymember Jim Cooper, 916-319-2109
COMMENTS: Attached please find the Notice of Support for AB 1869
(Melendez) — Theft: Firearms
THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET.