ORT Legislative Update 2024ORT LEGISLATION
UPDATE.
AB 1779 –ORT
JURISDICTION
AB 1779 is a legislative bill aimed at enhancing
the enforcement of laws related to theft and the
receipt of stolen merchandise. It establishes clear
jurisdictional guidelines for prosecuting theft
offenses, allowing for flexibility when crimes
occur across multiple counties.
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AB 1779 -AMENDED LAW
786.5 PC
o Subsection (b) -DA Jurisdiction -theft / 490.4 / 496
o Generally -County where an offense involving the theft or receipt of the stolen merchandise occurred
o County in which the merchandise was recovered
o County where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of a theft offense or a violation of Section 490.4 or 496 or in abetting the parties concerned therein
o Multiple offenses -all involving the same defendant or defendants and the same merchandise, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions are a proper jurisdiction for all of the offenses, subject to a hearing pursuant to Section 954 in the jurisdiction of the proposed trial.
o At the hearing pursuant to Section 954, the prosecution shall present written evidence that all district attorneys in counties with jurisdiction over the offenses agree to the venue.
o Charged offenses from jurisdictions where there is not a written agreement from the district attorney shall be returned to that jurisdiction.
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THE EFFECT
o AB 1779 may provide law enforcement officers with greater flexibility to operate
across multiple jurisdictions. This could be especially helpful in cases where
crimes cross county or city lines, ensuring that officers can pursue suspects or
conduct investigations without being hindered by strict geographic boundaries.
The bill might create a more streamlined legal framework for officers when
dealing with crimes that span multiple counties. This could make it easier for
officers to take action, make arrests, and process suspects without getting bogged
down in legal red tape, ensuring a more efficient response to criminal activity.
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AB 1960 –PROPERTY
LESS SENTENCING
ENHANCEMENTS
o Adds PC 12022.6 "If a person takes, damages, or destroys property in the
commission or attempted commission of a felony, or commits a felony in
violation of Section 496, the court shall impose an additional and
consecutive term of imprisonment as follows:"
o $50K loss = 1 year
o $200K loss = 2 years
o $1M loss = 3 years
o $3M loss = 4 years
o Loss amount may be aggregated over multiple thefts
o Must be charged in accusatory pleading & admitted or found true
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AB 2943 –836 PC
(ARREST POWERS)
AMENDED LAW
(f)In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1)and
(3)of subdivision (a),a peace officer may,without a warrant,arrest a person for a violation of
Section 459.5 when the violation was not committed in the officer’s presence if all of the following
conditions are met:
(1)The officer has probable cause to believe the person committed the violation.
(2)The arrest is made without undue delay after the violation.
(3)Any of the following takes place:
(A)The officer obtains a sworn statement from a person who witnessed the person to be arrested
committing the alleged violation;OR
(B)The officer observes video footage that shows the person to be arrested committing the alleged
violation;OR
(C)The person to be arrested possesses a quantity of goods inconsistent with personal use and the
goods bear security devices affixed by a retailer that would customarily be removed upon purchase;
OR
(D)The person to be arrested confesses to the alleged violation to the arresting officer.
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AB 2943 –S1 –NUISANCE
•Adds PC 372.7 -no nuisance actions against retailers who report
retail crimes unless report is knowingly false
Its showing business’ that California legislature wants them to report
crimes without retaliation.
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AB 2943 –S2 –GRAND
THEFT AMENDED
o Amends PC 487 (e)
o If the value of the money, labor, real property, or personal property taken exceeds nine
hundred fifty dollars ($950) over the course of distinct out related acts, including acts
committed against multiple victims or in counties other than the county of the current
offense,the value of the money, labor, real property, or personal property taken may properly
be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one
general impulse, and one plan.
o BUT see PC 786.5 RE: PC954 hearings
o Evidence that distinct acts are motivated by one intention, one general impulse, and one plan
may include, but is not limited to, evidence that the acts involve the same defendant or
defendants, are substantially similar in nature, or occur within a 90-day period.
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AB 2943 –S3 –496.6 PC
UNLAWFUL DEPRIVATION OF A RETAIL
BUSINESS OPPORTUNITY IN CALIFORNIA.
Unlawful possession of property acquired through one or more acts of shoplifting, theft,
or burglary from a retail business
• DOES NOT require that person committed the act of shoplifting, theft, or burglary
ELEMENTS:
1.The property is not possessed for personal use and the person has the intent to sell,
exchange, or return the merchandise for value, or the intent to act in concert with
one or more persons to sell, exchange, or return the merchandise for value.
2.The value of the possessed property exceeds nine hundred fifty dollars ($950).
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AB 2943 –S3 –496.6 PC –
CONT’D
For purposes of determining the value of the property, the property described in
paragraph (1) can be considered in the aggregate with either of the following:
A)Any other such property possessed by the person with such intent within the
prior two years.
B)Any property possessed by another person acting in concert with the first
person to sell, exchange, or return the merchandise for value, when such
property was acquired through one or more acts of shoplifting, theft, or
burglary from a retail business, regardless of the identity of the person
committing the act of shoplifting, theft, or burglary.
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AB 2943 –S4 –496.6 PC –
CONT’D
In determining in any proceeding whether the defendant has the intent to sell, exchange, or return the merchandise for value, the trier of fact may consider any competent evidence, including, but not limited to, the following:
1.Whether the defendant has in the prior two years sold, exchanged, or returned for value merchandise acquired through shoplifting, theft, or burglary from a retail business, or through any related offense, including any conduct that occurred in other jurisdictions, if relevant to demonstrate a fact other than the defendant's disposition to commit the act, as provided by subdivision (b) of Section 1101 of the Evidence Code.2.The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, including use or consumption by one's immediate family.
• WOBBLER
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AB 3209 –THEFT RESTRAINING
ORDERS.
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o Adds Penal Code section 490.8 (ORT)
o Permits issuance at sentencing of up to two -year CPO
o Applies to convictions for:
o PC 459.5
o Any theft (484/487) from a retail establishment
o PC 490.4
o PC 594 of a retail establishment
o PC 240, 242, 245 on retail employee while person is working at retail establishment
o Prohibits entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to and used to service, the retail establishment
o If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order.
SB 1242 –ARSON & ORT
452 PC -Unlawfully Causing a Fire (Reckless Burning)
• Adds subsection (f) to Penal Code section 452
• Subsection (f): "For purposes of sentencing for a violation of this section, the fact that
the offense was carried out within a merchant's premises in order to facilitate organized
retail theft, as defined in Section 490.4, shall be a factor in aggravation."
Aggravating factor: Circumstances surrounding a crime or tort that are sufficient to raise
its severity and punishment to the aggravated version of the offence.
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THANK
YOU
PSO Espinoza