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City Council Staff Report
September 22, 2020
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Joe Cartwright, Executive Officer, jcartwright@nbpd.org
PHONE: 949-644-3710
TITLE: Resolution No. 2020-81: Supporting the Criminal Sentencing, Parole,
and DNA Collection Initiative (Proposition 20)
ABSTRACT:
Changes to the law over the past several years, most notably AB 109 and Propositions
47 and 57, have collectively created negative public safety impacts in communities
throughout the region and state. A new ballot initiative known as Proposition 20 —
"Supporting the Criminal Sentencing, Parole, and DNA Collection Initiative" is an effort to
add crimes to the list of violent felonies for which early parole is restricted, re -categorize
certain types of theft and fraud crimes as wobblers (chargeable as misdemeanors or
felonies), and require DNA collection for certain misdemeanors. The ballot initiative would
also amend several criminal sentencing and supervision laws that were passed between
2011 and 2016. City Council requested consideration of a resolution supporting the ballot
initiative.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2020-81, A Resolution of the City Council of the City of Newport
Beach, California, Supporting Proposition 20, the "Reducing Crime and Keeping
California Safe Act."
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Proposition 20 ballot initiative is designed to make changes to AB 109 - Prisoner
Realignment (2011), Proposition 47 - Safe Neighborhoods and Schools Act (2014), and
Proposition 57 (2016) — three measures that were each intended to reduce the state's
prison inmate population.
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Resolution No. 2020-81: Supporting the Criminal Sentencing, Parole,
and DNA Collection Initiative (Proposition 20)
September 22, 2020
Page 2
Before Proposition 47 and Proposition 57, and a month after the passage of AB 109, the
U.S. Supreme Court ruled that overcrowding in the state's prisons resulted in cruel and
unusual punishment and affirmed a lower court's order to reduce the prison population.
AB 109 shifted the imprisonment of non -serious, non-violent, and non -sexual offenders
(as defined in state law) from state prisons to local jails. AB 109 also made counties,
rather than the state, responsible for supervising certain felons on parole. Proposition 47,
which voters approved in 2014, changed several crimes, which the measure considered
non -serious and non-violent, from felonies or wobblers to misdemeanors. Former Gov.
Brown developed Proposition 57, which voters approved in 2016. Proposition 57
increased parole chances for felons convicted of non-violent crimes, as defined in state
law, and gave them more opportunities to earn sentence -reduction credits for good
behavior.
In general, the overall intent of the prior measures has been to increase opportunities for
rehabilitation while lowering recidivism and incarceration rates. The Newport Beach
Police Department agrees that those are worthy goals. However, these major policy
changes have resulted in a series of unintended consequences that have negatively
impacted public safety in communities throughout California. Changes meant to help keep
someone who steals a magazine out of jail, are now allowing individuals to steal up to
$950 repeatedly from stores and businesses. Additionally, reform intended to lower
penalties on personal drug use and theft have diminished the amount of evidence law
enforcement can collect to help solve cold case murders, rapes, and robberies. And
modifications to our parole system designed to apply to non-violent offenders are set to
potentially provide early release to serious domestic abusers. This initiative will help
address repeat offenders and protect our most vulnerable victims from dangerous
individuals who take advantage of our laws, our businesses, and our communities.
The State of California has experienced an increase in Part One property crime since the
implementation of AB 109 and Proposition 47. California has also experienced a larger
increase in violent crime compared to the rest of the United States since 2014.
The Preliminary Semiannual FBI Uniform Crime Report for 2017 indicates violent crime
increased again for most cities in California over 100,000 in population.
Proposition 20 seeks legislative changes intended to prevent crime and support safety
for our residents. These changes specifically include:
Expanding the list of violent crimes for which early release is not an option.
Under current law, rape of an unconscious person, trafficking of a child for sex,
assault on a peace officer, felony domestic violence and other similar crimes are
not classified as "violent felonies", thereby making criminals convicted of those
crimes eligible for early release.
Reinstating DNA collection for certain crimes that were reduced to
misdemeanors as part of Proposition 47. Multiple studies have shown that DNA
collected from theft and drug crimes has helped solve violent crimes, including
rape, robbery and murder. Since the passage of Proposition 47, cold case hits
have been reduced.
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Resolution No. 2020-81: Supporting the Criminal Sentencing, Parole,
and DNA Collection Initiative (Proposition 20)
September 22, 2020
Page 3
Revising the theft threshold by adding a felony for serial theft (when a person
is caught for the third time stealing with a value of over $250). Proposition 47
changed the dollar threshold for a theft to be considered a felony from $450 to
$950.
Requiring the Board of Parole Hearings to consider an inmate's entire
criminal history when deciding parole, not just their most recent
commitment offense; and requiring a mandatory hearing to determine
whether parole should be revoked for any parolee who violates their parole
for the third time. AB 109 bases parole solely on an offender's commitment
offense, resulting in the release of inmates with serious and violent criminal
histories.
The "Supporting the Criminal Sentencing, Parole, and DNA Collection Initiative"
(Proposition 20) is supported by community and law enforcement leaders throughout the
state including the Orange County Chiefs of Police and Sheriff's Association, the
California Police Chiefs Association and the California District Attorneys Association.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ballot Initiative Text for Supporting the Criminal Sentencing, Parole, and
DNA Collection Initiative (Proposition 2020)
Attachment B — Resolution No. 2020-81
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Attachment A
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points
of the proposed measure:
(17-0044.) RESTRICTS PAROLE FOR NON-VIOLENT OFFENDERS. AUTHORIZES FELONY SENTENCES
FOR CERTAIN OFFENSES CURRENTLY TREATED ONLY AS MISDEMEANORS. INITIATIVE STATUTE.
Imposes restrictions on parole program for non-violent offenders who have completed the full term for their
primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards
and requirements governing parole decisions under this program. Authorizes felony charges for specified theft
crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250
and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state
database. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local
government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily
related to increases in penalties for certain theft -related crimes and the changes to the nonviolent offender release
consideration process. Increased state and local court -related costs of around a few million dollars annually related
to processing probation revocations and additional felony theft filings. Increased state and local law enforcement
costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from
additional offenders.
To the Honorable Secretary of State of California:
We, the undersigned, registered, qualified voters of California, residents of the County (or City and County) referenced on the signature page
of this petition, hereby propose amendments to the California Penal Code relating to parole, serial theft, and DNA collection from convicted
criminals, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding
general election or at any special statewide election held prior to that general election or as otherwise provided by law. The proposed statutory
amendments (full title and text of the measure) read as follows:
SEC. 1. TITLE
This act shall be known and may be cited as the
Reducing Crime and Keeping California Safe Act of
2018.
SEC. 2. PURPOSES
This measure will fix three related problems created
by recent laws that have threatened the public safety of
Californians and their children from violent criminals.
This measure will:
A. Reform the parole system so violent felons are not
released early from prison, strengthen oversight of post
release community supervision and tighten penalties
for violations of terms of post release community
supervision;
B. Reform theft laws to restore accountability for serial
thieves and organized theft rings; and
C. Expand DNA collection from persons convicted of
drug, theft and domestic violence related crimes to help
solve violent crimes and exonerate the innocent.
SEC. 3. FINDINGS AND DECLARATIONS
A. Prevent Early Release of Violent Felons
1. Protecting every person in our state, including our
most vulnerable children, from violent crime is of the
utmost importance. Murderers, rapists, child molesters
and other violent criminals should not be released early
from prison.
2. Since 2014, California has had a larger increase
in violent crime than the rest of the United States. Since
2013, violent crime in Los Angeles has increased 69.5%.
Violent crime in Sacramento rose faster during the first
six months of 2015 than in any of the 25 largest U.S.
cities tracked by the FBI.
3. Recent changes to parole laws allowed the early
release of dangerous criminals by the law's failure to
define certain crimes as "violent." These changes allowed
individuals convicted of sex trafficking of children, rape
of an unconscious person, felony assault with a deadly
weapon, battery on a police officer or firefighter, and
felony domestic violence to be considered "non-violent
offenders."
4. As a result, these so-called "non-violent" offenders
are eligible for early release from prison after serving
only a fraction of the sentence ordered by a judge.
5. Violent offenders are also being allowed to
remain free in our communities even when they commit
new crimes and violate the terns of their post release
community supervision, like the gang member charged
with the murder of Whittier Police Officer, Keith Boyer.
6. Californians need better protection from such
violent criminals.
7. Californians need better protection from felons
who repeatedly violate the terms of their post release
community supervision.
8. This measure reforms the law so felons who violate
the terms of their release can be brought back to court
and held accountable for such violations.
9. Californians need better protection from such
violent criminals. This measure reforms the law to define
such crimes as "violent felonies" for purposes of early
release.
10. Nothing in this act is intended to create additional
"strike" offenses which would increase the state prison
population.
11. Nothing in this act is intended to affect the
ability of the California Department of Corrections and
Rehabilitation to award educational and merit credits.
B. Restore Accountability for Serial Theft and Organized
Theft Rings
1. Recent changes to California law allow individuals
who steal repeatedly to face few consequences, regardless
of their criminal record or how many times they steal.
2. As a result, between 2014 and 2016, California had
the 2nd highest increase in theft and property crimes in
the United States, while most states have seen a steady
decline. According to the California Department of
Justice, the value of property stolen in 2015 was $2.5
billion with an increase of 13 percent since 2014, the
largest single -year increase in at least ten years.
3. Individuals who repeatedly steal often do so to
support their drug habit. Recent changes to California law
have reduced judges' ability to order individuals convicted
of repeated theft crimes into effective drug treatment
programs.
4. California needs stronger laws for those who are
repeatedly convicted of theft related crimes, which will
encourage those who repeatedly steal to support their drug
problem to enter into existing drug treatment programs.
This measure enacts such reforms.
C. Restore DNA Collection to Solve Violent Crime
1. Collecting DNA from criminals is essential to
solving violent crimes. Over 450 violent crimes including
murder, rape and robbery have gone unsolved because
DNA is being collected from fewer criminals.
2. DNA collected in 2015 from a convicted child
molester solved the rape -murders of two six-year-old boys
that occurred three decades ago in Los Angeles County.
DNA collected in 2016 from an individual caught driving
a stolen car solved the 2012 San Francisco Bay Area rape -
murder of an 83 -year-old woman.
3. Recent changes to California law unintentionally
eliminated DNA collection for theft and drug crimes. This
measure restores DNA collection from persons convicted
for such offenses.
4. Permitting collection of more DNA samples will
help identify suspects, clear the innocent and free the
wrongly convicted.
5. This measure does not affect existing legal
safeguards that protect the privacy of individuals by
allowing for the removal of their DNA profile if they
are not charged with a crime, are acquitted or are found
innocent.
SEC. 4. PAROLE CONSIDERATION
Section 3003 of the Penal Code is amended to read:
[language added to an existing section of law is designated
in underlined type and language deleted is designated in
strikeout hype]
(a) Except as otherwise provided in this section,
an inmate who is released on parole or postrelease
supervision as provided by Title 2.05 (commencing with
Section 3450) shall be returned to the county that was
the last legal residence of the inmate prior to his or her
incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county
wherein the inmate committed an offense while confined
in a state prison or local jail facility or while confined for
treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be
returned to another county if that would be in the best in-
terests of the public. If the Board of Parole Hearings set-
ting the conditions of parole for inmates sentenced pur-
suant to subdivision (b) of Section 1168, as determined
by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of
parole for inmates sentenced pursuant to Section 1170,
decides on a return to another county, it shall place its
reasons in writing in the parolee's permanent record and
include these reasons in the notice to the sheriff or chief
of police pursuant to Section 3058.6. In making its deci-
sion, the paroling authority shall consider, among others,
the following factors, giving the greatest weight to the
protection of the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the
inmate's parole would be successfully completed.
(3) The verified existence of a work offer, or an
educational or vocational training program.
(4) The existence of family in another county with whom
the inmate has maintained strong ties and whose support
would increase the chance that the inmate's parole would
be successfully completed.
(5) The lack of necessary outpatient treatment programs
for parolees receiving treatment pursuant to Section
2960.
(c) The Department of Corrections and Rehabilitation,
in determining an out -of -county commitment, shall give
priority to the safety of the community and any witnesses
and victims.
(d) In making its decision about an inmate who
participated in a joint venture program pursuant to Article
1.5 (commencing with Section 2717.1) of Chapter 5,
the paroling authority shall give serious consideration to
releasing him or her to the county where the joint venture
program employer is located if that employer states to the
paroling authority that he or she intends to employ the
inmate upon release.
(e)(1) The following information, if available, shall
be released by the Department of Corrections and
Rehabilitation to local law enforcement agencies
regarding a paroled inmate or inmate placed on
postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450) who is released in their
jurisdictions:
(A) Last, first, and middle names.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole or placement on postrelease
community supervision and discharge.
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(E) Registration status, if the inmate is required to
register as a result of a controlled substance, sex, or arson
offense.
(F) California Criminal Information Number, FBI
number, social security number, and driver's license
number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the
inmate.
(I) Offense or offenses for which the inmate was
convicted that resulted in parole or postrelease
community supervision in this instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are
not acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this
subparagraph was proposed to be effective.
(K) Contact officer and unit, including all of the
following information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a
single digit fingerprint of the parolee.
(M) A geographic coordinate for the inmate's residence
location for use with a Geographical Information System
(GIS) or comparable computer program.
(N) Copies of the record of supervision during any prior
period of parole.
(2) Unless the information is unavailable, the Department
of Corrections and Rehabilitation shall electronically
transmit to the county agency identified in subdivision (a)
of Section 3451 the inmate's tuberculosis status, specific
medical, mental health, and outpatient clinic needs,
and any medical concerns or disabilities for the county
to consider as the offender transitions onto postrelease
community supervision pursuant to Section 3450, for
the purpose of identifying the medical and mental
health needs of the individual. All transmissions to the
county agency shall be in compliance with applicable
provisions of the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA) (Public Law
104-191), the federal Health Information Technology for
Clinical Health Act (HITECH) (Public Law 111-005),
and the implementing of privacy and security regulations
in Parts 160 and 164 of Title 45 of the Code of Federal
Regulations. This paragraph shall not take effect until the
Secretary of the United States Department of Health and
Human Services, or his or her designee, determines that
this provision is not preempted by HIPAA.
(3) Except for the information required by paragraph (2),
the information required by this subdivision shall come
from the statewide parolee database. The information
obtained from each source shall be based on the same
timeframe.
(4) All of the information required by this subdivision
shall be provided utilizing a computer -to -computer
transfer in a format usable by a desktop computer
system. The transfer of this information shall be
continually available to local law enforcement agencies
upon request.
(5) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section
11143.
(f) Notwithstanding any other law, an-itimate who is
released on parole shall not be returned to a location -
within 35 mills of the actual residenee of a vietim of or
a witness to, a violent felony as defined in paragiaphs-
(1) to (7), inclusive, and paragi aph (16) of subdivis
(e) of Section 667.5 or a felony in which the def6i
inflicts great bodily injury on a person other than arr
aceonipliee that has been eliarged and proved as provided
for - Section if the
victim or witness has requested additional distance in
the placement of the inmate on parole, and if the Board
of Parole Hearings or the Department of Corrections
and Rehabilitation finds that there is a need to protect
the life, safety, or well-being of a vietim or witness. the
victim or witness, an inmate who is released on parole
shall not be returned to a location within 35 miles of the
actual residence of a victim of, or a witness to, any of the
following crimes:
(1) Aviolent felony as defined subdivision (c) of Section
667.5 or subdivision (a) of Section 3040.1.
(2) A felony in which the defendant inflicts great bodily
iniury on a person, other than an accomplice, that has
been charged and proved as provided for in Section
12022.53 12022.7 or 12022.9.
(g) Notwithstanding any other law, an inmate who
is released on parole for a violation of Section 288
or 288.5 whom the Department of Corrections and
Rehabilitation determines poses a high risk to the public
Attachment A
shall not be placed or reside, for the duration of his or her
parole, within one-half mile of a public or private school
including any or all of kindergarten and grades 1 to 12,
inclusive.
(h) Notwithstanding any other law, an inmate who is
released on parole or postrelease community supervision
for a stalking offense shall not be returned to a location
within 35 miles of the victim's or witness' actual residence
or place of employment if the victim or witness has
requested additional distance in the placement of the
inmate on parole or postrelease community supervision,
and if the Board of Parole Hearings or the Department
of Corrections and Rehabilitation, or the supervising
county agency, as applicable, finds that there is a need
to protect the life, safety, or well-being of the victim.
If an inmate who is released on postrelease community
supervision cannot be placed in his or her county of last
legal residence in compliance with this subdivision, the
supervising county agency may transfer the inmate to
another county upon approval of the receiving county.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out -of -
county commitments from a county compared to the
number of commitments from that county when making
parole decisions.
0) An inmate may be paroled to another state pursuant
to any other law. The Department of Corrections and
Rehabilitation shall coordinate with local entities
regarding the placement of inmates placed out of state on
postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450).
(k)(1) Except as provided in paragraph (2), the Department
of Corrections and Rehabilitation shall be the agency
primarily responsible for, and shall have control over,
the program, resources, and staff implementing the
Law Enforcement Automated Data System (LEADS)
in conformance with subdivision (e). County agencies
supervising inmates released to postrelease community
supervision pursuant to Title 2.05 (commencing with
Section 3450) shall provide any information requested
by the department to ensure the availability of accurate
information regarding inmates released from state prison.
This information may include all records of supervision,
the issuance of warrants, revocations, or the termination of
postrelease community supervision. On or before August
1, 2011, county agencies designated to supervise inmates
released to postrelease community supervision shall
notify the department that the county agencies have been
designated as the local entity responsible for providing
that supervision.
(2) Notwithstanding paragraph (1), the Department of
Justice shall be the agency primarily responsible for the
proper release of information under LEADS that relates to
fingerprint cards.
(1) In addition to the requirements under subdivision (k),
the Department of Corrections and Rehabilitation shall
submit to the Department of Justice data to be included
in the supervised release file of the California Law
Enforcement Telecommunications System (CLETS) so
that law enforcement can be advised through CLETS of
all persons on postrelease community supervision and
the county agency designated to provide supervision. The
data required by this subdivision shall be provided via
electronic transfer.
Section 3040.1 is added to the Penal Code to read:
(a) For purposes of early release or parole consideration
under the authority of Section 32 of Article I of the Consti-
tution, Sections 12838.4 and 12838.5 of the Government
Code, Sections 3000.1, 3041.5, 3041.7, 3052, 5000, 5054,
5055, 5076.2 of this Code and the rulemaking authority
granted by Section 5058 of this Code, the following shall
be defined as "violent felony offenses":
(1) Murder or voluntary manslaughter;
(2) Mayhem;
(3) Rape as defined in paragraph (2) or (6) of subdivision
(a) of Section 261 or paragraph (1) or (4) of subdivision (a)
of Section 262;
(4) Sodomy as defined in subdivision (c) or (d) of Section
286;
(5) Oral copulation as defined in subdivision (c) or (d) of
Section 288a;
(6) Lewd or lascivious act as defined in subdivision (a) or
(b) of Section 288;
(7) Any felony punishable by death or imprisonment in the
state prison for life;
(8) Any felony in which the defendant inflicts great bodily
injury on any person other than an accomplice which
has been charged and proved as provided for in Section
12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or
as specified prior to July 1, 1977, in Sections 213, 264, and
461, or any felony in which the defendant uses a firearm
which use has been charged and proved as provided in
subdivision (a) of Section 12022.3, or Section 12022.5
or 12022.55;
(9) Any robbery;
(10) Arson, in violation of subdivision (a) or (b) of
Section 451;
(11) Sexual penetration as defined in subdivision (a) or
(j) of Section 289;
(12) Attempted murder;
(13) Aviolation of Section 18745, 18750, or 18755;
(14) Kidnapping;
(15) Assault with the intent to commit a specified felony,
in violation of Section 220;
(16) Continuous sexual abuse of a child, in violation of
Section 288.5;
(17) Carjacking, as defined in subdivision (a) of Section
215;
(18) Rape, spousal rape, or sexual penetration, in concert,
in violation of Section 264.1;
(19) Extortion, as defined in Section 518, which would
constitute a felony violation of Section 186.22;
(20) Threats to victims or witnesses, as defined in
subdivision (c) of Section 136.1;
(2 1) Any burglary of the first degree, as defined in
subdivision (a) of Section 460, wherein it is charged and
proved that another person, other than an accomplice,
was present in the residence during the commission of
the burglary;
(22) Any violation of Section 12022.53;
(23) A violation of subdivision (b) or (c) of Section
11418;
(24) Solicitation to commit murder;
(25) Felony assault with a firearm in violation of
subsections (a)(2) and (b) of Section 245;
(26) Felony assault with a deadly weapon in violation of
paragraph (1) of subdivision (a) of Section 245;
(27) Felony assault with a deadly weapon upon the
person of a peace officer or firefighter in violation of
subdivisions (c) and (d) of Section 245;
(28) Felony assault by means of force likely to produce
great bodily injury in violation of paragraph (4) of
subdivision (a) of Section 245;
(29) Assault with caustic chemicals in violation of
Section 244;
(30) False imprisonment in violation of Section 210.5;
(3 1) Felony discharging a firearm in violation of Section
246;
(32) Discharge of a firearm from a motor vehicle in
violation of subsection (c) of Section 26100;
(33) Felony domestic violence resulting in a traumatic
condition in violation of Section 273.5;
(34) Felony use of force or threats against a witness or
victim of a crime in violation of Section 140;
(35) Felony resisting a peace officer and causing death or
serious injury in violation of Section 148.10;
(36) A felony hate crime punishable pursuant to Section
422.7;
(37) Felony elder or dependent adult abuse in violation
of subdivision (b) of Section 368;
(38) Rape in violation of paragraphs (1), (3), or (4) of
subdivision (a) of Section 261;
(39) Rape in violation of Section 262;
(40) Sexual penetration in violation of subdivision (b),
(d) or (e) of Section 289;
(41) Sodomy in violation of subdivision (f), (g), or (i) of
Section 286;
(42) Oral copulation in violation of subdivision (f), (g),
or (i) of Section 288a;
(43) Abduction of a minor for purposes of prostitution in
violation of Section 267;
(44) Human trafficking in violation of subdivision (a),
(b), or (c) of Section 236.1;
(45) Child abuse in violation of Section 273ab;
(46) Possessing, exploding, or igniting a destructive
device in violation of Section 18740;
(47) Two or more violations of subsection (c) of Section
451;
(48) Any attempt to commit an offense described in this
subdivision;
(49) Any felony in which it is pled and proven that
the Defendant personally used a dangerous or deadly
weapon;
(50) Any offense resulting in lifetime sex offender
registration pursuant to Sections 290 through 290.009.
(5 1) Any conspiracy to commit an offense described in
this Section.
(b) The provisions of this section shall apply to any
inmate serving a custodial prison sentence on or after
the effective date of this section, regardless of when the
sentence was imposed.
Section 3040.2 is added to the Penal Code to read:
(a) Upon conducting a nonviolent offender parole consid-
eration review, the hearing officer for the Board of Parole
5-5
Hearings shall consider all relevant, reliable information
about the inmate.
(b) The standard of review shall be whether the inmate
will pose an unreasonable risk of creating victims as a
result of felonious conduct if released from prison.
(c) In reaching this determination, the hearing officer
shall consider the following factors:
(1) Circumstances surrounding the current conviction;
(2) The inmate's criminal history, including involvement
in other criminal conduct, both juvenile and adult, which
is reliably documented;
(3) The inmate's institutional behavior including both
rehabilitative programming and institutional misconduct;
(4) Any input from the inmate, any victim, whether
registered or not at the time of the referral, and the
prosecuting agency or agencies;
(5) The inmate's past and present mental condition
as documented in records in the possession of the
Department of Corrections and Rehabilitation;
(6) The inmate's past and present attitude about the
crime;
(7) Any other information which bears on the inmate's
suitability for release.
(d) The following circumstances shall be considered by
the hearing officer in determining whether the inmate is
unsuitable for release:
(1) Multiple victims involved in the current commitment
offense;
(2) A victim was particularly vulnerable due to age or
physical or mental condition;
(3) The inmate took advantage of a position of trust in
the commission of the crime;
(4) The inmate was armed with or used a firearm or other
deadly weapon in the commission of the crime;
(5) A victim suffered great bodily injury during the
commission of the crime;
(6) The inmate committed the crime in association with a
criminal street gang;
(7) The inmate occupied a position of leadership or
dominance over other participants in the commission of
the crime, or the inmate induced others to participate in
the commission of the crime;
(8) During the commission of the crime, the inmate had a
clear opportunity to cease but instead continued;
(9) The inmate has engaged in other reliably documented
criminal conduct which was an integral part of the crime
for which the inmate is currently committed to prison;
(10) The manner in which the crime was committed
created a potential for serious injury to persons other than
the victim of the crime;
(11) The inmate was on probation, parole, post release
community supervision, mandatory supervision or was
in custody or had escaped from custody at the time of the
commitment offense;
(12) The inmate was on any form of pre- or post-
conviction release at the time of the commitment offense;
(13) The inmate's prior history of violence, whether as a
juvenile or adult;
(14) The inmate has engaged in misconduct in prison or
jail;
(15) The inmate is incarcerated for multiple cases from
the same or different counties or jurisdictions.
(e) The following circumstances shall be considered by
the hearing officer in determining whether the inmate is
suitable for release:
(1) The inmate does not have a juvenile record of
assaulting others or committing crimes with a potential
of harm to victims;
(2) The inmate lacks any history of violent crime;
(3) The inmate has demonstrated remorse;
(4) The inmate's present age reduces the risk of
recidivism;
(5) The inmate has made realistic plans if released or has
developed marketable skills that can be put to use upon
release;
(6) The inmate's institutional activities demonstrate an
enhanced ability to function within the law upon release;
(7) The inmate participated in the crime under partially
excusable circumstances which do not amount to a legal
defense;
(8) The inmate had no apparent predisposition to commit
the crime but was induced by others to participate in its
commission;
(9) The inmate has a minimal or no criminal history;
(10) The inmate was a passive participant or played a
minor role in the commission of the crime;
(11) The crime was committed during or due to an
unusual situation unlikely to reoccur.
Section 3040.3 is added to the Penal Code to read:
(a) An inmate whose current commitment includes a
concurrent, consecutive or stayed sentence for an offense
or allegation defined as violent by subdivision (c) of
Attachment A
Section 667.5 or 3040.1 shall be deemed a violent offender
for purposes of Section 32 of Article I of the Constitution.
(b) An inmate whose current commitment includes an
indeterminate sentence shall be deemed a violent offender
for purposes of Section 32 of Article I of the Constitution.
(c) An inmate whose current commitment includes any
enhancement which makes the underlying offense violent
pursuant to subdivision (c) of Section 667.5 shall be
deemed a violent offender for purposes of Section 32 of
Article I of the Constitution.
(d) For purposes of Section 32 of Article I of the
Constitution, the "full term" of the "primary offense" shall
be calculated based only on actual days served on the
commitment offense.
Section 3040.4 is added to the Penal Code to read:
Pursuant to subsection (b) of Section 28 of Article I of the
Constitution, the Department shall give reasonable notice
to victims of crime prior to an inmate being reviewed for
early parole and release. The Department shall provide
victims with the right to be heard regarding early parole
consideration and to participate in the review process.
The Department shall consider the safety of the victims,
the victims' family, and the general public when making a
determination on early release.
(a) Prior to conducting a review for early parole, the
Department shall provide notice to the prosecuting agency
or agencies and to registered victims, and shall make
reasonable efforts to locate and notify victims who are not
registered.
(b) The prosecuting agency shall have the right to review
all information available to the hearing officer including,
but not limited to the inmate's central file, documented
adult and juvenile criminal history, institutional
behavior including both rehabilitative programming and
institutional misconduct, any input from any person or
organization advocating on behalf of the inmate, and any
information submitted by the public.
(c) A victim shall have a right to submit a statement
for purposes of early parole consideration, including a
confidential statement.
(d) All prosecuting agencies, any involved law
enforcement agency, and all victims, whether or not
registered, shall have the right to respond to the board in
writing.
(e) Responses to the Board by prosecuting agencies,
law enforcement agencies, and victims must be made
within 90 days of the date of notification of the inmate's
eligibility for early parole review or consideration.
(f) The Board shall notify the prosecuting agencies, law
enforcement agencies, and the victims of the Nonviolent
Offender Parole decision within 10 days of the decision
being made.
(g) Within 30 days of the notice of the final decision
concerning Nonviolent Offender Parole Consideration, the
inmate and the prosecuting agencies may request review
of the decision.
(h) If an inmate is denied early release under the
Nonviolent Offender Parole provisions of Section 32
of Article I of the Constitution, the inmate shall not be
eligible for early Nonviolent Offender parole consideration
for two (2) calendar years from the date of the final
decision of the previous denial.
Section 3041 of the Penal Code is amended to read:
[language added to an existing section of law is designated
in underlined type and language deleted is designated in
strikeout type]
(a)(1) In the case of any inmate sentenced pursuant
to any law, other than Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2, the Board of Parole
Hearings shall meet with each inmate during the sixth
year before the inmate's minimum eligible parole date for
the purposes of reviewing and documenting the inmate's
activities and conduct pertinent to parole eligibility.
During this consultation, the board shall provide the
inmate information about the parole hearing process, legal
factors relevant to his or her suitability or unsuitability for
parole, and individualized recommendations for the inmate
regarding his or her work assignments, rehabilitative
programs, and institutional behavior. Within 30 days
following the consultation, the board shall issue its
positive and negative findings and recommendations to the
inmate in writing.
(2) One year before the inmate's minimum eligible parole
date a panel of two or more commissioners or deputy
commissioners shall again meet with the inmate and shall
normally grant parole as provided in Section 3041.5. No
more than one member of the panel shall be a deputy
commissioner.
(3) In the event of a tie vote, the matter shall be referred
for an en bane review of the record that was before the
panel that rendered the tie vote. Upon en bane review, the
board shall vote to either grant or deny parole and render
a statement of decision. The en bane review shall be
conducted pursuant to subdivision (e).
(4) Upon a grant of parole, the inmate shall be released
subject to all applicable review periods. However, an
inmate shall not be released before reaching his or her
minimum eligible parole date as set pursuant to Section
3046 unless the inmate is eligible for earlier release
pursuant to his or her youth offender parole eligibility
date or elderly parole eligibility date.
(5) At least one commissioner of the panel shall have
been present at the last preceding meeting, unless it is
not feasible to do so or where the last preceding meeting
was the initial meeting. Any person on the hearing panel
may request review of any decision regarding parole for
an en bane hearing by the board. In case of a review, a
majority vote in favor of parole by the board members
participating in an en bane review is required to grant
parole to any inmate.
(b)(1) The panel or the board, sitting en bane, shall grant
parole to an inmate unless it determines that the gravity
of the current convicted offense or offenses, or the
timing and gravity of current or past convicted offense
or offenses, is such that consideration of the public
safety requires a more lengthy period of incarceration
for this individual. The panel or the board, sitting en
Banc, shall consider the entire criminal history of the
inmate, including all current or past convicted offenses,
in making this determination.
(2) After July 30, 2001, any decision of the parole panel
finding an inmate suitable for parole shall become final
within 120 days of the date of the hearing. During that
period, the board may review the panel's decision. The
panel's decision shall become final pursuant to this
subdivision unless the board finds that the panel made an
error of law, or that the panel's decision was based on an
error of fact, or that new information should be presented
to the board, any of which when corrected or considered
by the board has a substantial likelihood of resulting
in a substantially different decision upon a rehearing.
In making this determination, the board shall consult
with the commissioners who conducted the parole
consideration hearing.
(3) A decision of a panel shall not be disapproved and
referred for rehearing except by a majority vote of the
board, sitting en Banc, following a public meeting.
(c) For the purpose of reviewing the suitability for parole
of those inmates eligible for parole under prior law at a
date earlier than that calculated under Section 1170.2,
the board shall appoint panels of at least two persons
to meet annually with each inmate until the time the
person is released pursuant to proceedings or reaches the
expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that, during times
when there is no backlog of inmates awaiting parole
hearings, life parole consideration hearings, or life
rescission hearings, hearings will be conducted by a
panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly
on the number of cases where an inmate has not received
a completed initial or subsequent parole consideration
hearing within 30 days of the hearing date required by
subdivision (a) of Section 3041.5 or paragraph (2) of
subdivision (b) of Section 3041.5, unless the inmate
has waived the right to those timeframes. That report
shall be considered the backlog of cases for purposes
of this section, and shall include information on the
progress toward eliminating the backlog, and on the
number of inmates who have waived their right to the
above timeframes. The report shall be made public
at a regularly scheduled meeting of the board and a
written report shall be made available to the public and
transmitted to the Legislature quarterly.
(e) For purposes of this section, an en bane review by
the board means a review conducted by a majority of
commissioners holding office on the date the matter
is heard by the board. An en Banc review shall be
conducted in compliance with the following:
(1) The commissioners conducting the review shall
consider the entire record of the hearing that resulted in
the tie vote.
(2) The review shall be limited to the record of the
hearing. The record shall consist of the transcript or
audiotape of the hearing, written or electronically
recorded statements actually considered by the panel that
produced the tie vote, and any other material actually
considered by the panel. New evidence or comments
shall not be considered in the en bane proceeding.
(3) The board shall separately state reasons for its
decision to grant or deny parole.
(4) A commissioner who was involved in the tie vote
shall be recused from consideration of the matter in the
5-6
en bane review.
Section 3454 of the Penal Code is amended to read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in strikeout type]
(a) Each supervising county agency, as established by
the county board of supervisors pursuant to subdivision
(a) of Section 3451, shall establish a review process for
assessing and refining a person's program of postrelease
supervision. Any additional postrelease supervision
conditions shall be reasonably related to the underlying
offense for which the offender spent time in prison, or
to the offender's risk of recidivism, and the offender's
criminal history, and be otherwise consistent with law.
(b) Each county agency responsible for postrelease
supervision, as established by the county board of
supervisors pursuant to subdivision (a) of Section
3451, may determine additional appropriate conditions
of supervision listed in Section 3453 consistent with
public safety, including the use of continuous electronic
monitoring as defined in Section 1210.7, order the
provision of appropriate rehabilitation and treatment
services, determine appropriate incentives, and
determine and order appropriate responses to alleged
violations, which can include, but shall not be limited
to, immediate, structured, and intermediate sanctions up
to and including referral to a reentry court pursuant to
Section 3015, or flash incarceration in a city or county
jail. Periods of flash incarceration are encouraged as one
method of punishment for violations of an offender's
condition of postrelease supervision.
(c) As used in this title, "flash incarceration" is a period
of detention in a city or county jail due to a violation of
an offender's conditions of postrelease supervision. The
length of the detention period can range between one
and 10 consecutive days. Flash incarceration is a tool
that may be used by each county agency responsible
for postrelease supervision. Shorter, but if necessary
more frequent, periods of detention for violations of
an offender's postrelease supervision conditions shall
appropriately punish an offender while preventing the
disruption in a work or home establishment that typically
arises from longer term revocations.
(d) Upon a decision to impose a period of flash
incarceration, the probation department shall notify the
court, public defender, district attorney, and sheriff of
each imposition of flash incarceration.
Section 3455 of the Penal Code is amended to read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in strikeout type]
(a) If the supervising county agency has determined,
following application of its assessment processes, that
intermediate sanctions as authorized in subdivision (b)
of Section 3454 are not appropriate, or if the supervised
person has violated the terms of his or her release for a
third time, the supervising county agency shall petition
the court pursuant to Section 1203.2 to revoke, modify,
or terminate postrelease community supervision. At
any point during the process initiated pursuant to this
section, a person may waive, in writing, his or her right
to counsel, admit the violation of his or her postrelease
community supervision, waive a court hearing, and
accept the proposed modification of his or her postrelease
community supervision. The petition shall include
a written report that contains additional information
regarding the petition, including the relevant terms
and conditions of postrelease community supervision,
the circumstances of the alleged underlying violation,
the history and background of the violator, and any
recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide
procedures to implement this subdivision, including the
minimum contents of supervision agency reports. Upon
a finding that the person has violated the conditions
of postrelease community supervision, the revocation
hearing officer shall have authority to do all of the
following:
(1) Return the person to postrelease community
supervision with modifications of conditions, if
appropriate, including a period of incarceration in a
county jail.
(2) Revoke and terminate postrelease community
supervision and order the person to confinement in a
county jail.
(3) Refer the person to a reentry court pursuant to
Section 3015 or other evidence -based program in the
court's discretion.
(b) (1) At any time during the period of postrelease
community supervision, if a peace officer, including
a probation officer, has probable cause to believe a
Attachment A
person subject to postrelease community supervision is
violating any term or condition of his or her release, or has
failed to appear at a hearing pursuant to Section 1203.2
to revoke, modify, or terminate postrelease community
supervision, the officer may, without a warrant or other
process, arrest the person and bring him or her before
the supervising county agency established by the county
board of supervisors pursuant to subdivision (a) of Section
3451. Additionally, an officer employed by the supervising
county agency may seek a warrant and a court or its
designated hearing officer appointed pursuant to Section
71622.5 of the Government Code shall have the authority
to issue a warrant for that person's arrest.
(2) The court or its designated hearing officer shall have
the authority to issue a warrant for a person who is the
subject of a petition filed under this section who has failed
to appear for a hearing on the petition or for any reason in
the interests of justice, or to remand to custody a person
who does appear at a hearing on the petition for any reason
in the interests of justice.
(3) Unless a person subject to postrelease community
supervision is otherwise serving a period of flash
incarceration, whenever a person who is subject to this
section is arrested, with or without a warrant or the filing
of a petition for revocation, the court may order the release
of the person under supervision from custody under any
terms and conditions the court deems appropriate.
(c) The revocation hearing shall be held within a
reasonable time after the filing of the revocation petition.
Except as provided in paragraph (3) of subdivision (b),
based upon a showing of a preponderance of the evidence
that a person under supervision poses an unreasonable
risk to public safety, or that the person may not appear if
released from custody, or for any reason in the interests
of justice, the supervising county agency shall have
the authority to make a determination whether the
person should remain in custody pending the first court
appearance on a petition to revoke postrelease community
supervision, and upon that determination, may order the
person confined pending his or her first court appearance.
(d) Confinement pursuant to paragraphs (1) and (2) of
subdivision (a) shall not exceed a period of 180 days in a
county jail for each custodial sanction.
(e) A person shall not remain under supervision or
in custody pursuant to this title on or after three
years from the date of the person's initial entry onto
postrelease community supervision, except when his or
her supervision is tolled pursuant to Section 1203.2 or
subdivision (b) of Section 3456.
SEC. 5. DNA COLLECTION
Section 296 of the Penal Code is amended to read:
[language added to an existing section of law is designated
in underlined type and language deleted is designated in
strikeout type]
(a) The following persons shall provide buccal swab
samples, right thumbprints, and a full palm print
impression of each hand, and any blood specimens or
other biological samples required pursuant to this chapter
for law enforcement identification analysis:
(1) Any person, including any juvenile, who is convicted
of or pleads guilty or no contest to any felony offense,
or is found not guilty by reason of insanity of any felony
offense, or any juvenile who is adjudicated under Section
602 of the Welfare and Institutions Code for committing
any felony offense.
(2) Any adult person who is arrested for or charged with
any of the following felony offenses:
(A) Any felony offense specified in Section 290 or attempt
to commit any felony offense described in Section 290, or
any felony offense that imposes upon a person the duty to
register in California as a sex offender under Section 290.
(B) Murder or voluntary manslaughter or any attempt to
commit murder or voluntary manslaughter.
(C) Commencing on January 1, 2009, any adult person
arrested or charged with any felony offense.
(3) Any person, including any juvenile, who is required
to register under Section 290 through 290.009 or 457.1
because of the commission of, or the attempt to commit, a
felony or misdemeanor offense, or any person, including
any juvenile, who is housed in a mental health facility
or sex offender treatment program after referral to such
facility or program by a court after being charged with any
felony offense.
(4) Any person. excluding a juvenile, who is convicted
of, or pleads guilty or no contest to, any of the following
offenses:
Ll A misdemeanor violation of Section 459.5:
(B) A violation of subdivision (aa) of Section 473 that is
punishable as a misdemeanor pursuant to subdivision (bl
of Section 473
(C) A violation of subdivision (aa) of Section 476a that is
punishable as a misdemeanor pursuant to subdivision (bl
of Section 476a•
(D) A violation of Section 487 that is punishable as a
misdemeanor pursuant to Section 490.2;
(E) A violation of Section 496 that is punishable as a
misdemeanor;
(F) A misdemeanor violation of subdivision (a) of
Section 11350 of the Health and Safety Code;
( A misdemeanor violation of subdivision Ll of
Section 11377 of the Health and Safety Code;
(H) A misdemeanor violation of paragraph Ll of
subdivision (e) of Section 243;
(I) A misdemeanor violation of Section 273.5;
(J) A misdemeanor violation of para rg aph Ll of
subdivision (bb) of Section 368;
(K) Any misdemeanor violation where the victim is
defined as set forth in Section 6211 of the Family Code;
(L) A misdemeanor violation of paragraph (3) of
subdivision (bb) of Section 647.
(4)(5) The term "felony" as used in this subdivision
includes an attempt to commit the offense.
(5)(M Nothing in this chapter shall be construed as
prohibiting collection and analysis of specimens,
samples, or print impressions as a condition of a plea for
a non -qualifying offense.
(b) The provisions of this chapter and its requirements
for submission of specimens, samples and print
impressions as soon as administratively practicable shall
apply to all qualifying persons regardless of sentence
imposed, including any sentence of death, life without
the possibility of parole, or any life or indeterminate
term, or any other disposition rendered in the case of
an adult or juvenile tried as an adult, or whether the
person is diverted, fined, or referred for evaluation, and
regardless of disposition rendered or placement made in
the case of juvenile who is found to have committed any
felony offense or is adjudicated under Section 602 of the
Welfare and Institutions Code.
(c) The provisions of this chapter and its requirements for
submission of specimens, samples, and print impressions
as soon as administratively practicable by qualified
persons as described in subdivision (a) shall apply
regardless of placement or confinement in any mental
hospital or other public or private treatment facility,
and shall include, but not be limited to, the following
persons, including juveniles:
(1) Any person committed to a state hospital or other
treatment facility as a mentally disordered sex offender
under Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code.
(2) Any person who has a severe mental disorder as set
forth within the provisions of Article 4 (commencing
with Section 2960) of Chapter 7 of Title 1 of Part 3 of the
Penal Code.
(3) Any person found to be a sexually violent predator
pursuant to Article 4 (commencing with Section 6600)
of Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code.
(d) The provisions of this chapter are mandatory
and apply whether or not the court advises a person,
including any juvenile, that he or she must provide the
data bank and database specimens, samples, and print
impressions as a condition of probation, parole, or
any plea of guilty, no contest, or not guilty by reason
of insanity, or any admission to any of the offenses
described in subdivision (a).
(e) If at any stage of court proceedings the prosecuting
attorney determines that specimens, samples, and print
impressions required by this chapter have not already
been taken from any person, as defined under subdivision
(a) of Section 296, the prosecuting attorney shall notify
the court orally on the record, or in writing, and request
that the court order collection of the specimens, samples,
and print impressions required by law. However, a failure
by the prosecuting attorney or any other law enforcement
agency to notify the court shall not relieve a person of
the obligation to provide specimens, samples, and print
impressions pursuant to this chapter.
(f) Prior to final disposition or sentencing in the case
the court shall inquire and verify that the specimens,
samples, and print impressions required by this chapter
have been obtained and that this fact is included in the
abstract of judgment or dispositional order in the case of
a juvenile. The abstract of judgment issued by the court
shall indicate that the court has ordered the person to
comply with the requirements of this chapter and that the
person shall be included in the state's DNA and Forensic
Identification Data Base and Data Bank program and be
subject to this chapter.
However, failure by the court to verify specimen, sample,
and print impression collection or enter these facts in the
abstract of judgment or dispositional order in the case of
5-7
Attachment A
a juvenile shall not invalidate an arrest, plea, conviction, access card pursuant to Section 484e.
or disposition, or otherwise relieve a person from the
requirements of this chapter.
SEC. 6. SHOPLIFTING
Section 459.5 of the Penal Code is amended to read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in shfikeant type]
(a) Notwithstanding Section 459, shoplifting is defined
as entering a commercial establishment with intent to
weeny steal retail property or merchandise
while that establishment is open during regular business
hours, where the value of the property that is taken
or intended to be taken does not exceed nine hundred
fifty dollars ($950). Any other entry into a commercial
establishment with intent to commit larceny is burglary.
Shoplifting shall be punished as a misdemeanor, except
that a person with one or more prior convictions for an
offense specified in clause (iv) of subparagraph (C) of
paragraph (2) of subdivision (e) of Section 667 or for an
offense requiring registration pursuant to subdivision (c)
of Section 290 may be punished pursuant to subdivision
(h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a)
shall be charged as shoplifting. No person who is charged
with shoplifting may also be charged with burglary or
theft of the same property.
(c) "Retail property or merchandise" means any article,
product, commodity, item or component intended to be
sold in retail commerce.
(d) "Value" means the retail value of an item as
advertised by the affected retail establishment, including
applicable taxes.
(e) This section shall not apply to theft of a firearm,
forgery, the unlawful sale, transfer, or conveyance of
an access card pursuant to Section 484e, forgery of an
access card pursuant to Section 484£ the unlawful use
of an access card pursuant to Section 4848, theft from
an elder pursuant to subdivision (e) of Section 368,
receivingstolen property, embezzlement, or identity theft
pursuant to Section 530.5, or the theft or unauthorized
use of a vehicle pursuant to Section 10851 of the Vehicle
Code.
Section 490.2 of the Penal Code is amended to read:
[language added to an existing section of law is designat-
ed in underlined type and language deleted is designated
in strikeout type]
(a) Notwithstanding Section 487 or any other provision
of law defining grand theft, obtaining any property
by theft where the value of the money, labor, real or
personal property taken does not exceed nine hundred
fifty dollars ($950) shall be considered petty theft and
shall be punished as a misdemeanor, except that such
person may instead be punished pursuant to subdivision
(h) of Section 1170 if that person has one or more prior
convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e)
of Section 667 or for an offense requiring registration
pursuant to subdivision (c) of Section 290.
(b) This section shall not be applicable to any theft that
may be charged as an infraction pursuant to any other
provision of law.
(c) This section shall not apply to theft of a firearm-
forgery,
rearmforgery, the unlawful sale, transfer, or conveyance of
an access card pursuant to Section 484e, forgery of an
access card pursuant to Section 484£ the unlawful use
of an access card pursuant to Section 4848, theft from
an elder pursuant to subdivision (e) of Section 368,
receivingstolen property, embezzlement, or identity theft
pursuant to Section 530.5, or the theft or unauthorized
use of a vehicle pursuant to Section 10851 of the Vehicle
Code.
SEC. 7. SERIAL THEFT
Section 490.3 is added to the Penal Code to read:
(a) This section applies to the following crimes:
(1) petty theft;
(2) shoplifting;
(3) grand theft;
(4) burglary;
(5) carjacking;
(6) robbery;
(7) a crime against an elder or dependent adult within the
meaning of subdivision (d) or (e) of Section 368;
(8) any violation of Section 496;
(9) unlawful taking or driving of a vehicle within the
meaning of Section 10851 of the Vehicle Code.
(10) Forgery.
(11) The unlawful sale, transfer, or conveyance of an
(12) Forgery of an access card pursuant to Section 484f.
(13) The unlawful use of an access card pursuant to
Section 484g.
(14) Identity theft pursuant to Section 530.5.
(15) The theft or unauthorized use of a vehicle pursuant to
Section 10851 of the Vehicle Code.
(b) Notwithstanding subsection (3) of subdivision (h) of
Section 1170, subsections (2) and (4) of subdivision (a) of
Section 1170.12, subsections (2) and (4) of subdivision (c)
of Section 667, any person who, having been previously
convicted of two or more of the offenses specified in
subdivision (a), which offenses were committed on
separate occasions, and who is subsequently convicted
of petty theft or shoplifting where the value of the
money, labor, or real or personal property taken exceeds
two hundred fifty dollars ($250) shall be punished by
imprisonment in the county jail not exceeding one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
(c) This section does not prohibit a person or persons from
being charged with any violation of law arising out of the
same criminal transaction that violates this section.
SEC. 8. ORGANIZED RETAIL THEFT
Section 490.4 is added to the Penal Code to read:
(a) "Retail property or merchandise" means any article,
product, commodity, item or component intended to be
sold in retail commerce.
(b) "Value" means the retail value of an item as advertised
by the affected retail establishment, including applicable
taxes.
(c) Any person, who, acting in concert with one or more
other persons, commits two (2) or more thefts pursuant to
Sections 459.5 or 490.2 of retail property or merchandise
having an aggregate value exceeding two hundred fifty
dollars ($250) and unlawfully takes such property during
a period of one hundred eighty days (180) is guilty of
organized retail theft.
(d) Notwithstanding subsection (3) of subdivision (h) of
Section 1170, subsections (2) and (4) of subdivision (a) of
Section 1170.12, subsections (2) and (4) of subdivision (c)
of Section 667, organized retail theft shall be punished by
imprisonment in the county jail not exceeding one year, or
imprisonment pursuant to subdivision (h) of Section 1170.
(e) For purposes of this section, the value of retail property
stolen by persons acting in concert may be aggregated into
a single count or charge, with the sum of the value of all
of the retail merchandise being the values considered in
determining the degree of theft.
(f) An offense under this section may be prosecuted in
any county in which an underlying theft could have been
prosecuted as a separate offense.
(g) This section does not prohibit a person or persons from
being charged with any violation of law arising out of the
same criminal transaction that violates this section.
SEC. 9. AMENDMENTS
This act shall not be amended by the Legislature except by
a statute that furthers the purposes, findings and declara-
tions of the Act and is passed in each house by roll call
vote entered in the journal, three-fourths of the member-
ship of each house concurring, or by a statute that becomes
effective only when approved by the voters.
SEC. 10. SEVERABILITY
If any provision of this Act, or any part of any provision,
or its application to any person or circumstance is for
any reason held to be invalid or unconstitutional, the
remaining provisions and applications which can be given
effect without the invalid or unconstitutional provision or
application shall not be affected, but shall remain in full
force and effect, and to this end the provisions of this Act
are severable.
SEC. 11. CONFLICTING INITIATIVES
(a) hi the event that this measure and another measure
addressing parole consideration pursuant to Section 32
of Article I of the Constitution, revocation of parole and
post release community supervision, DNA collection, or
theft offenses shall appear on the same statewide ballot,
the provisions of the other measure or measures shall be
deemed to be in conflict with this measure. In the event
that this measure receives a greater number of affirmative
votes than a measure deemed to be in conflict with it, the
provisions of this measure shall prevail in their entirety,
and the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded
by law by any other conflicting measure approved by
voters at the same election, and the conflicting ballot
measure is later held invalid, this measure shall be self-
executing and given full force and effect.
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ATTACHMENT B
RESOLUTION NO. 2020-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPPORTING
PROPOSITION 20, THE "REDUCING CRIME AND
KEEPING CALIFORNIA SAFE ACT"
WHEREAS, protecting every person in our state, including our most vulnerable
children, from violent crime is of the utmost importance;
WHEREAS, recent changes to parole laws allow the early release of dangerous
criminals by failing to define certain crimes as violent crimes;
WHEREAS, such changes allow individuals convicted of crimes such sex
trafficking, rape, felony assault with a deadly weapon, battery on a police officer or
firefighter, and felony domestic violence to be considered "nonviolent offenders;"
WHEREAS, such offenders are eligible for early release from prison after serving
only a fraction of the sentence ordered by a judge;
WHEREAS, such offenders may remain free despite committing additional crimes
or violating the terms of their post release community supervision, such as the gang
member charged with the murder of Whittier Police Officer, Keith Boyer;
WHEREAS, a total of 33 of the state's 58 counties saw increases in their violent
crime rates in 2017;
WHEREAS, California Proposition 20, Criminal Sentencing, Parole, and DNA
Collection Initiative (2020), titled the Reducing Crime and Keeping California Safe Act of
2018 (the "ACT"), reforms California law so that felons who violate the terms of their
release can be brought back to court and held accountable for such violations;
WHEREAS, the ACT is not intended to create additional "strike" offenses which
could increase state prison populations, nor is the ACT intended to affect the ability of the
California Department of Corrections and Rehabilitation to award educational and merit
cred its;
WHEREAS, recent changes to California law allow individuals who commit theft
crimes to face fewer consequences, regardless of existing criminal records, and
regardless of how many times they are convicted of theft crimes,
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Resolution No. 2020 -
Page 2 of 4
WHEREAS, grocery store operators have seen unprecedented increases in the
amount of losses associated with shoplifting, with some reporting up to 150% increase in
losses;
WHEREAS, shoplifting incidents have escalated in a manner that has endangered
innocent customers and employees;
WHEREAS, since 2014, the total value of stolen property has increased every
year;
WHEREAS, in 2018, the total value of stolen property in California was 32% higher
than the total in 2014;
WHEREAS, recent changes to California law have reduced the remedies available
to the judicial system to address repeat offenders of theft crimes;
WHEREAS, the ACT will strengthen California laws against theft crime recidivism;
WHEREAS, collecting DNA is an essential tool of law enforcement to solve violent
crimes;
WHEREAS, peer-reviewed studies have shown that DNA collection makes violent
offenders statistically less likely to reoffend;
WHEREAS, the collection of DNA samples will help law enforcement identify
suspects, eliminate investigation and prosecution of the innocent, and free the wrongly
convicted;
WHEREAS, recently enacted restrictions on DNA collection have significantly
reduced law enforcement efforts to solve cold cases for violent crimes such as murder,
rape, and robbery;
WHEREAS, DNA collected in 2015 from a convicted sex offender was instrumental
in helping law enforcement solve the investigation of the rape and murder of two children
that occurred three decades ago in Los Angeles County;
WHEREAS, DNA collected in 2016 from an individual caught driving a stolen car
was instrumental in helping law enforcement solve the investigation of the 2012 San
Francisco Bay Area rape and murder of an elderly woman;
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Resolution No. 2020 -
Page 3 of 4
WHEREAS, recent changes to California law unintentionally eliminated DNA
collection for theft and drug crimes;
WHEREAS, the ACT restores DNA collection from persons convicted for such
offenses; and
WHEREAS, the ACT does not affect existing legal safeguards that protect the
privacy of individuals because the ACT allows for the removal of a DNA profile if a person
is not charged with a crime, is acquitted, or is found innocent.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby support California Proposition 20,
Criminal Sentencing, Parole, and DNA Collection Initiative (2020), titled the Reducing
Crime and Keeping California Safe Act of 2018.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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Resolution No. 2020 -
Page 4 of 4
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 22nd day of September, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
aron C. Harp
City Attorney
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