California Government Tackles Retail Crime with New Bill Package
Key Takeaways:
Legislative Action on Retail Crime: The California Legislature has passed ten bipartisan bills addressing retail theft and property crime, now awaiting Governor Gavin Newsom’s approval.
California Retail Theft Reduction Act (AB 2943): A key component of the legislative package introduces a new crime classification for possessing stolen goods over $950 with intent to resell, punishable by up to three years in prison.
Online Marketplace Regulations: New laws require online sellers to prove the legality of their products and larger retailers to share data with law enforcement to combat the sale of stolen goods.
Expanded Legal Provisions: Additional bills include extending jurisdiction for prosecuting theft, making the California Highway Patrol’s organized retail crime task force permanent, and increasing penalties for related crimes.
Prop. 36 on November Ballot: This proposition seeks to revise the felony threshold for theft, potentially leading to stricter penalties for repeat offenders.
Balanced Approach to Reform: Lawmakers aim to tackle retail crime effectively without undoing criminal justice reforms like Prop. 47, which has contributed significantly to reducing prison overcrowding.
Governor’s Decision Pending: Governor Newsom is expected to sign the bills soon, although no definitive timeline has been provided.
The California Legislature is attentively addressing the increasing rate of retail crime in the state with the swift passage of a number of related bills. Ten predominantly bipartisan proposals, all focusing on retail theft and property crime, made it through both state Assembly and Senate. Final votes were made on Monday and by end of the day, the bills were on Governor Gavin Newsom’s desk awaiting approval.
A prime focus of this legislative bundle is the California Retail Theft Reduction Act (AB 2943), introduced earlier this year by Rick Zbur, the chair of the select committee on retail theft and Assembly member. This law, among the most comprehensive from the State Assembly this year, creates a new crime classification. It revolves around the possession of stolen goods worth more than $950 with the intention of resale, a crime which can be penalized with a prison sentence of up to three years. Evidence may include repeat offenses or the possession of large volumes of stolen property.
The legislation also imposes certain responsibilities on online marketplace sellers who are now required to keep records proving their products were obtained legally. Also, larger retail businesses must provide data to law enforcement agencies. This will strengthen crime laws and prevent the sale of stolen goods online.
The Californians Against Retail Theft initiative, under which the bills packaging operates, includes additional provisions of interest. Bill AB 1779 allows prosecuting theft cases across multiple jurisdictions at once. AB 1802 removes the sunset provision for the state’s organized retail crime statute, making the California Highway Patrol (CHP) criminal task force a permanent structural element. AB 1972 extends the task force’s remit to include cargo theft.
The legislative package also puts more demands for online marketplaces in terms of enforcing policies prohibiting the sale of stolen goods through SB 1144. SB 1242 proposes lengthier sentences for individuals convicted of setting fire to a retailer’s property to facilitate retail crime. SB 1416 increases sentences for those convicted of selling or returning stolen goods. SB 982 removes the statute of limitations for prosecuting organized retail theft.
The propositions move swiftly alongside the high-impact going to the polls: Prop. 36, the Homelessness, Drug Addiction and Theft Reduction Act. This proposition will most notably revise the 2014 law that established $950 as the felony threshold for theft. The changes will allow for felony charges if a person has two or more previous convictions for certain theft crimes. This could lead to a sentence of up to three years in a county jail or state prison.
Assemblymember James Ramos and San Francisco Mayor London Breed, amongst dozens of other policymakers and law enforcement groups, have expressed support for Prop. 36. Hundreds of thousands of California voters have signed off on this proposition, guaranteeing its place on the November ballot.
However, the lawmakers behind the Californians Against Retail Theft package, supported by Governor Newsom, do not wish for Prop. 47 to be repealed or amended. This law has been a crucial part of the state’s prison reform strategy since its inception in 2010. Prop. 47 was designed as a solution to reduce prison overcrowding by reducing the charges for certain non-violent drug or property crimes. This move has saved the state more than $800 million.
Assembly member Rick Zbur expressed on the Assembly floor Monday: “What’s happening in our neighborhoods is unacceptable and we must act expeditiously, but we must also look at facts and find solutions that will actually work. We need to make sure we’re pursuing reforms that are effective at targeting retail crime while avoiding a rollback of criminal justice reforms that have been successful at keeping our communities safe and reduce the human cost of imprisoning people for minor infractions.”
With the Governor’s office yet to provide a definite timeline, it is expected that Governor Gavin Newsom will be quick to sign the bills.