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California Proposition 47
Source:
Penal Code (Criminal Law) 459.5 PC – California Shoplifting Laws –
Proposition 47: The Safe Neighborhoods and Schools Act
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=459.5.#
459.5. (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny 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.
(Added November 4, 2014, by initiative Proposition 47, Sec. 5.)
Opinion:
This ‘wacky’ statute shows how California legislators use criminal law as leverage. Usually the guilty mind is the most essential element of criminal offence. Prior to this initiative shoplifting was charged as burglary under the felony regardless of the value of stolen property, if intention was found.
Arguably, 459.5 (a) implies what matters now is the value, instead of fault, as the penalty of maximum of $1,000 won’t deter any ‘newly converted thieves’ – the straightforward outcome of setting the threshold of $950 is that thieves bring calculators into the stores. The statute almost removed the ”punitive nature” of the law.
The words ‘’may’ and ‘shall’’, linked to the burglary and shoplifting respectively, indicate that legislators intended to compulsorily charge shoplifting with misdemeanor, while leaving any additional charge such as burglary to be determined at discretion. This is in line with the purpose of the law (Provision 47 FAQ) which is associated with cutting prison spending used only for felony, consequently more misdemeanors are created to generate more savings for ‘public good’ while retail industry complained the increase of criminal rate.
I’m of a view that leftist legislators intended to destroy small business by ‘legalizing the shoplifting’.
Extrinsic Materials:
Proposition 47: The Safe Neighborhoods and Schools Act
2014 – Voter Information Guide for 2014, General Election
Links:
Brazen – San Francisco Law Legalizing Shoplifting Forces Closure of Small Stores Leaving Residents Without
Is it true that in California you can steal anything you need from a store as long as it doesn’t add up to over 900 dollars?