AB 928

Under current law, the penalty for the crime of theft of property varies by the

value of the property taken. Under current law, theft of property valued at no more

than $2,500 is a Class A misdemeanor; theft of property valued at more than $2,500

but not more than $5,000 is a Class I felony; theft of property valued at more than

$5,000 but not more than $10,000 is a Class H felony; theft of property valued at more

than $10,000 but not more than $100,000 is a Class G felony; and theft of property

valued at more than $100,000 is a Class F felony.

This bill reduces the threshold for the two lowest theft crimes so that theft of

property valued at no more than $500 is a Class A misdemeanor and theft of property

valued at more than $500 but not more than $5,000 is a Class I felony.

The bill also specifies that, if a defendant commits more than one violation of

theft of property or more than one violation of retail theft in a six-month period, the

value of the property taken at each violation may be aggregated as one crime to

determine the classification of the crime. The bill specifies that if the value is

aggregated for crimes that occur in different jurisdictions, the crime may be tried in

any jurisdiction in which the theft was committed.

The bill also creates a penalty enhancer for a felony level of theft of property or

retail theft if, during the commission of the felony, the defendant's conduct created

a substantial risk of bodily harm to another person. The penalty enhancer increases

the maximum term of imprisonment for the felony by half of the maximum term of

imprisonment for that felony.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.