Real estate crimes: probation.

Existing law generally authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, and in misdemeanor cases, for a period not to exceed one year. Existing law imposes various penalties for theft- or fraud-related crimes, including, among others, the abuse or neglect of an elder or dependent adult, mortgage fraud, or identity theft. This bill would require the court, upon a conviction of certain offenses related to, among other things, the purchase or sale of real property or the recording or attempted recording of a real estate instrument, if the court grants the defendant probation, to impose up to a 5-year probationary term for misdemeanor and felony convictions. By increasing the period of probation, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.