Auto Burglary, Prop 47, Car Locked ot Unlocked Explained
Prop 47 does not change whether auto burglary is a felony or misdemeanor. The big determining factor is whether a car is locked or unlocked. A proven locked car makes car burglary a felony. Entering an unlocked car and taking items would be tampering and theft (misdemeanors) as the law stands now and has been the case before the passage of Prop 47. The buglary code was last ammended in 1991 and before that 1984, so it has been standing long before Prop 47.
People should write in support of Scott Weiner’s SB-23 Unlawful entry of a vehicle.
Prop 47 does cover grand theft, which is not to be confused with burglary. Grand theft in pertaining to cars would be the taking of the whole car valued above $950.00.
Car burglar Acosta tried to get his crime covered under Prop 47 to try and make it a misdemeanor. The CA Courts of Appeal denied his petition.
Content
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Cliff Note Explanation of People vs Acosta (2015)
Prop 47 Crimes Covered
What is Burglary
People vs Acosta (part of the decision)
SB-23 Unlawful entry of a vehicle changes to CA section 465.
What is Tampering
Clift Note Explanation of People vs Acosta (2015) where the court ruled that burglary of a vehicle is not included in Prop 47 language and changes to the law.
"In looking at auto burglary, the court noted that the crime of burglary can be committed without an actual taking, as opposed to crimes of theft, robbery or carjacking. People v. Magallanes (2009) 173 Cal.App.4th 529, 535-536. Therefore, burglary really is not a theft offense, although grand theft or petty theft usually accompanies the burglary.Likewise, burglary of a vehicle was not analogous to Penal Code § 459.5. In auto burglary, the offense involves entering a locked vehicle, whereas in shoplifting under § 459.5, the individual enters a commercial establishment while it is open during normal business hours.
Therefore, Acosta’s attempt to include attempted auto burglary under the provisions as Prop 47 failed."
https://www.greghillassociates.com/is-attempted-burglary-of-a-vehicle-covered-by-prop-47.html
Prop 47
Which crimes were affected?The measure required misdemeanor sentencing instead of felony for the following crimes:
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)
What is Burglary
8.2. Burglary – PC 459(Amended by Stats. 1991, Ch. 942, Sec. 14.) "Penal Code 459 PC is the California statute that defines the crime of "burglary." Under this section, a burglary occurs when a person enters any residential or commercial building or room with the intent to commit a felony or a theft once inside.One commits the crime of burglary merely by entering the structure with the requisite criminal intent, even if the intended felony or theft is never actually completed.
California burglary law is divided into first-degree burglary and second-degree burglary. First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses).
https://www.shouselaw.com/petty-theft.html#8.2
Car burglary is part of "any other type of structure" and is second-degree burglary.
"(b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170."
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=461.&lawCode=PEN
PEOPLE v. ACOSTA (2015) California Courts of Appeal
To the extent some number of vehicle thefts may be treated as misdemeanors while car burglaries or attempted car burglaries are subject to felony punishment, the electorate could rationally conclude that car burglary should be treated more harshly because entry must be made into a locked vehicle, an element not required of vehicle theft.https://caselaw.findlaw.com/ca-court-of-appeal/1719103.html
It is not considered “breaking and entering” under the burglary laws of California for a person to enter an unlocked car.
SB-23 Unlawful entry of a vehicle. (Scott Weiner)
SECTION 1. Section 465 is added to the Penal Code, to read:465. (a) A person who forcibly enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft therein is guilty of unlawful entry of a vehicle.
(b) Unlawful entry of a vehicle is punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment pursuant to subdivision (h) of Section 1170.
(c) As used in this section, forcible entry of a vehicle means the entry of a vehicle accomplished through either of the following means:
(1) Force that damages the exterior of the vehicle, including, but not limited to, breaking a window, cutting a convertible top, punching a lock, or prying open a door.
(2) Use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender.
(d) No person may be convicted both pursuant to this section and pursuant to Section 459.(2) Use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200SB23&showamends=false
Tampering
However, if a person enters a car through an unlocked door without the owner's consent, that person could be charged with tampering with a vehicle.California Vehicle Code section 10852 VC states that no person shall, without the owner's consent:
willfully injure or tamper with any vehicle,
or the contents thereof,
or break or remove any part of a vehicle.
Tampering is defined as conduct interfering with the ownership of the vehicle. Thus, Vehicle Code 10852 makes it a crime to enter someone else's vehicle, even if the car door is unlocked."or the contents thereof,
or break or remove any part of a vehicle.
Even under tampering, a person can be charged with a felony.
"Please note that there are other charges that could be filed AFTER someone unlawfully enters an unlocked vehicle, depending on their actions. Those felonies could include:
grand theft,
felony vandalism, and
auto theft.”
felony vandalism, and
auto theft.”
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=10852