Most people have heard that shoplifting is “only a misdemeanor” in California because of Proposition 47. And in many situations, that’s true: Penal Code 459.5 generally defines shoplifting as entering an open business during regular hours with intent to steal $950 or less, and it is typically punished as a misdemeanor.
But there’s an important and often-missed reality: felony bail may be required in certain situations even when the underlying “shoplifting” conduct fits PC 459.5—particularly when the arrested person has specific prior convictions or is required to register under Penal Code 290. Those exceptions can change what happens immediately after an arrest, including how the bail amount is set and whether a Bail Bond (or Bailbond) will be needed to get someone home while the case moves forward.
This blog explains PC 459.5, the Prop 47 background, the “felony bail required” exceptions you referenced, and what families in Roseville should expect after an arrest—plus how a Bail agent / Bail Bondsman at Bail House Bail Bondscan help.
Important: This is general information, not legal advice. For a specific case, consult a criminal defense attorney.
Under Proposition 47, California created a specific shoplifting statute: Penal Code 459.5. It generally applies when someone enters a commercial establishment while it is open during regular business hours with the intent to commit larceny (theft) and the value taken (or intended to be taken) does not exceed $950.
A key Prop 47 point: when conduct fits the shoplifting definition, it generally must be charged as shoplifting rather than being charged as burglary or another theft offense for the same behavior.
Prop 47 reclassified a set of lower-level property and drug crimes so that many cases that were previously felonies became misdemeanors, including shoplifting behavior under the $950 threshold. Courts and county resources often describe PC 459.5 shoplifting in these terms—an entry-with-intent theft offense under $950 that is treated as a misdemeanor in typical cases.
So why are you asking for a 459.5 felony bail blog?
Because PC 459.5 includes an exception that matters immediately at booking and bail.
Here’s the core issue you highlighted:
Although PC 459.5 is normally a misdemeanor under Prop 47, felony bail is required for people who are required to register under Penal Code 290, or who have one or more prior convictions for an offense listed in Penal Code 667(e)(2)(C)(iv).
That is not just a rumor—the statute itself recognizes an exception. FindLaw’s published text summary for PC 459.5 states that shoplifting is punished as a misdemeanor except for a person who has a prior conviction specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or who is required to register under subdivision (c) of Section 290.
Even if the alleged shoplifting is under $950 and fits Prop 47’s shoplifting definition, your record can change the stakes:
Bottom line: For some defendants, a “shoplifting” arrest does not play out like a standard misdemeanor shoplifting case—especially at the bail stage.
If you or a loved one is arrested in the Roseville area, the early steps tend to look like this:
After an arrest, the person is booked: fingerprints, photos, personal property inventory, and entry into the jail system.
Even if the incident itself looks like “simple shoplifting,” law enforcement and prosecutors will often check whether the person:
That criminal-history overlay is a major reason families get blindsided by a higher bail amount than expected.
At this stage, a bail schedule may set an initial number, or the person may wait for a court appearance. In today’s California landscape, courts increasingly emphasize individualized release decisions rather than “one-size-fits-all” bail, but initial bail amounts still happen, particularly right after arrest and before the first court appearance.
When a bail amount is set, families typically have two broad options:
If the defendant appears at all required court dates and follows release conditions, bail is generally exonerated at the end of the case (subject to court procedures and any deductions).
A Bail Bond is posted through a Bail Bondsman (also called a Bail agent). Instead of paying the entire bail amount, you work with the bail agency to post the bond so your loved one can be released while the case proceeds.
In a 459.5 case with the “felony bail required” exception, families often search bail amount + “Bail Bond” urgently because the number can be much higher than they expected for “shoplifting.”
Shoplifting cases get more complicated when any of the following apply:
Even for a “simple” retail incident, the story the evidence tells matters: video, receipts, loss-prevention statements, witness accounts, and whether the person cooperated during the encounter.
If you’re helping someone after a shoplifting arrest in Roseville:
It’s entering a commercial establishment during regular business hours with intent to commit larceny (theft) where the value taken or intended to be taken does not exceed $950.
It’s typically a misdemeanor, but PC 459.5 includes an exception for people with specific prior convictions and for those required to register under PC 290.
It means that—even if the conduct fits shoplifting under $950—the person’s prior record or registration status can require the case to be handled with felony-level bail procedures/expectations at the custody stage.
PC 290 is California’s sex offender registration law. Being required to register under PC 290 can affect how certain new offenses are treated, including the shoplifting exception noted in PC 459.5.
They are a category of extremely serious offenses referenced in California’s Three Strikes framework. PC 459.5 points to that list as a trigger for the misdemeanor exception.
If bail is set and bail is permitted, yes. A Bail Bond (Bailbond) through a Bail Bondsman/Bail agent can allow release without paying the full bail amount upfront.
It depends on the jail’s processing and staffing. Even after the bond is posted, release can take hours. A Bail agent can give you realistic expectations based on the facility and time of day.
When families in Roseville are dealing with a shoplifting arrest—especially one that unexpectedly triggers felony bail—they need speed, clarity, and professionalism.
Bail House Bail Bonds stands out because we focus on what matters most in the first stressful hours:
If you’re searching for a Bail Bondsman or Bail agent in Roseville, Bail House Bail Bonds is here to help you move from panic to a clear plan