New Statutes in 2011

Of the changes in the law which will take effect on or after January 1, 2011, the most significant one will occur on January 1 2012. Statutes concerning weapons, Penal Code sections 12000 through 12809, will be recodified. The statuts concerning sentencing enhancements, sections 12021.5 and 12022 through 12022.95, will remain in place. Sections 12021 and 12021.1, concernig the illegal possession of a firearm will move to sections 29800 through 29900. Section 12025, carrying a concealed firearm, will move to section 25400. Section 12031, carrying a loaded weapon in a public place, will move to sections 2580 through 26025. Possession of an illegal weapon, section 12020, will divide into about 75 different sections.

Previously, the Legislature amended the dollar amount to many property crimes so that a loss of at least $950, instead of $400, was necessary for the crime to be a felony. However, the amount to make grand theft a felony had remained the same. Effective January 1, 2011, Penal Code section 487 was amended so that at least $950 needed to be taken for grand theft to be a felony in most circumstances. Also, Penal Code section 666 was amended so that petty theft could not be a felony unless the person had committed three previous thefts; however, only one prior theft if the person has suffered a serious or violent felony or is a registered sex offender.

Penal Code section 1465.8 increases the amount of the security fee from $30 to $40 for a period from October 19, 2010 to June 30, 2011. Subdivision (g) was added to Penal Code section 1202.42, empowering prosecutors to obtain judicial liens on criminal defendants who owe restitution.

(January 5, 2011)

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