Crimes: theft.

Plain English Breakdown

The bill's full impact on copper theft cases and legal outcomes is yet to be seen.

Theft of Copper Materials

SB-1266 amends Proposition 47 to require the value of stolen copper materials to be calculated based on repair and replacement costs rather than fair market scrap value.

What This Bill Does

• Changes how the value of stolen copper materials is determined for legal purposes.
• Requires that the full cost to repair and replace stolen copper materials, including labor and equipment, be used instead of their fair market scrap value when calculating theft amounts.

Who It Names or Affects

• Victims who have had copper materials stolen from them.
• Law enforcement and courts dealing with cases of copper theft.

Terms To Know

Proposition 47

A California law that changed how certain low-level property crimes are treated, making them misdemeanors instead of felonies under some circumstances.

Grand Theft

Theft involving a large amount or value, which is typically punished more severely than petty theft.

Limits and Unknowns

• Does not specify how the new calculation method will be implemented in practice.
• May require local agencies to adjust their procedures for assessing stolen property values.

Official Summary Text

SB 1266, as amended, Stern.
Crimes: theft.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, requires the theft of property that does not exceed $950 to be punished as a misdemeanor, except as specified. Proposition 47 authorizes amendment of its provisions by a
2
/
3
vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act.
Under existing law, it is grand theft to steal, take, or carry away copper materials of another valued at more than $950.
This bill
would
amend Proposition 47 to
require, for the purposes of this provision, value to be calculated as the full cost to the victim to repair and replace the stolen materials, including labor and equipment, rather than the fair market scrap value. Because this bill would expand the scope of a crime, this bill would impose a state-mandated local program.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters
at the November 4, 2014, statewide general election, requires the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. Proposition 47 authorizes amendment of its provisions by a
2
3
vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act.
This bill would amend Proposition 47 and require, for the purposes of this provision, value to be calculated as the full cost to the victim to repair and replace the stolen materials, including labor and equipment, rather than the fair market scrap value. Because this bill would expand the scope of a crime, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF