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CA AB 3209

Title: Crimes: theft: retail theft restraining orders.
Author: Robert A. Rivas

Summary
AB 3209, as amended, Berman. Crimes: theft: retail theft restraining orders. Existing law prohibits the theft of merchandise from a retail establishment. Existing law authorizes a court, upon sentencing a person for specified offenses, including stalking and elder abuse, to issue a criminal protective order prohibiting the person from contacting any victim of their offense.This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, vandalism of a retail establishment, or battery of an employee of a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment, including any parking lots and including other franchise or chain locations of the retail establishment, as specified.The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this type against a person who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest, 2 or more times for any of the offenses at the same retail establishment, as specified. The bill would also make conforming changes.The bill would make a violation of these orders punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.Existing law requires a person arrested for a misdemeanor to be issued a written notice to appear and to be released upon their signed promise to appear, except as otherwise provided.This bill would exempt a violation of a retail establishment restraining order from that requirement.The bill would make these changes inoperative if a specified initiative is approved by the voters.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.This bill would declare that it is to take effect immediately as an urgency statute.

Status
Read second time. Ordered to third reading.

Bill Documents
CA AB 3209 - 06/29/24 - Amended Senate
06/29/24 - CA AB 3209 (06/29/24 - Amended Senate)


CA AB 3209 - 06/20/24 - Amended Senate
06/20/24 - CA AB 3209 (06/20/24 - Amended Senate)

CA AB 3209 - 06/04/24 - Amended Senate
06/04/24 - CA AB 3209 (06/04/24 - Amended Senate)

CA AB 3209 - 05/16/24 - Amended Assembly
05/16/24 - CA AB 3209 (05/16/24 - Amended Assembly)

CA AB 3209 - 04/01/24 - Amended Assembly
04/01/24 - CA AB 3209 (04/01/24 - Amended Assembly)

CA AB 3209 - 02/16/24 - Introduced
02/16/24 - CA AB 3209 (02/16/24 - Introduced)

CA AB 3209 - 02/16/24 - Introduced
02/16/24 - CA AB 3209 (02/16/24 - Introduced)

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Author Details


  • Robert Rivas - D
    Speaker - State Assembly - CA

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    Capital Address:
    P.O. Box 942849, 1021 O Street, Suite 8330
    Sacramento, CA 94249-0029
    9163192029

    District Address:
    60 W Market St Ste 110
    Salinas, CA 93901 2655
    Phone: 8317598676