Theft: precomplaint education program.

Under existing law, grand theft is the theft of anything of a value exceeding $950, with exceptions, and is punished as either a misdemeanor or a felony. All other theft is petty theft and is punished as a misdemeanor, with exceptions. Under existing law, a first conviction for petty theft involving merchandise, as defined, taken from the premises of a merchant, as defined, is punishable by a mandatory fine of not less than $50 and not more than $1,000 for each violation, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. In lieu of the fine, existing law authorizes the court to require the defendant to perform designated public services, as specified. Existing law authorizes a merchant to detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises. Existing law authorizes the merchant to request the person to voluntarily surrender the item. Existing law authorizes the merchant to conduct a limited and reasonable search of that merchandise pursuant to certain restrictions. Upon surrender or discovery of the item, existing law authorizes the person detained to be requested, but not to be required, to provide adequate proof of his or her true identity. This bill would make legislative findings and declarations relating to the reduction of recidivism and to programs that provide educational opportunities to low-risk offenders who engage in shoplifting. The bill would provide that no law precludes a merchant or an independent educational provider from offering a person suspected of theft involving merchandise that is taken from the merchant's premises an opportunity to complete a precomplaint education program in lieu of making or filing a report of theft with a law enforcement agency, from informing the person of relevant criminal or civil remedies available to the state or the merchant, or from reducing or waiving the program fee based on the person's ability to pay.