Property crimes: unlawful entry onto property.

Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would prohibit a person from entering the curtilage of a residential dwelling, as defined, with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. The bill would make a violation of that prohibition punishable as a misdemeanor by imprisonment in a county jail not exceeding one year for a first violation. The bill would make a 2nd or subsequent violation punishable as a misdemeanor by imprisonment in a county jail not exceeding one year or as a felony by imprisonment in a county jail for a term not exceeding 16 months, or 2 or 3 years. The bill would allow the court to grant the person diversion or deferred entry of judgment pursuant to specified programs regardless of whether the person is charged with a misdemeanor or a felony, and would require the court to punish a violation as a misdemeanor if the court determines the person should be granted diversion or deferred entry of judgment but the program is not available. By creating a new crime, the bill would impose a state-mandated local program. 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. The bill would provide that no reimbursement is required by this act for a specified reason.