Burglary: freight train cargo.

Existing law defines the crime of burglary to include entering a railroad car or cargo container with the intent to commit grand larceny or petit larceny or any felony within. Existing law divides burglary into first and 2nd degrees, with first degree burglary defined as burglary of an inhabited dwelling house, a vessel that is inhabited and designed for habitation, a floating home, a trailer coach, or the inhabited portion or any other building. Existing law defines 2nd degree burglary as all other types of burglary. First degree burglary is punishable by imprisonment in the state prison for 2, 4, or 6 years and 2nd degree burglary is punishable in a county jail for not more than one year or by 16 months or 2 or 3 years in a county jail. This bill would make a person who commits burglary with regard to a cargo container, railroad car, or cargo, as defined, stored on the property of any railroad or mounted rail platform, and who damages or takes more than $950 dollars of property, punishable by imprisonment in a county jail for a term of 4, 5, or 6 years. By creating a new crime, this 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. This bill would provide that no reimbursement is required by this act for a specified reason.