California takes action: New legislation targets rise in retail crime

California government takes action against retail crime with new legislative package

Key findings:

1. Legal measures against retail crime: The California State Legislature has passed ten bipartisan bills to combat shoplifting and property crimes, which now await approval from Governor Gavin Newsom.

2. California Shoplifting Reduction Act (AB 2943): A key component of the legislative package is the introduction of a new criminal offence for possession of stolen goods valued at over US$950 with the intent to resell them, which can be punished with a prison sentence of up to three years.

3. Regulations for online marketplaces: New laws require online sellers to prove the legitimacy of their products and larger retailers to share data with law enforcement to combat the sale of stolen goods.

4. Extended legal provisions: Other bills include expanding jurisdiction to prosecute theft, establishing a California Highway Patrol task force to combat organized retail crime, and increasing penalties for related offenses.

5. Proposition 36 on the November ballot: This proposal aims to reduce the severity of theft, potentially leading to harsher penalties for repeat offenders.

6. Balanced reform approach: The goal of lawmakers is to effectively combat retail crime without reversing criminal justice reforms such as Prop. 47, which have significantly helped reduce prison overcrowding.

7. Governor’s decision still pending: Governor Newsom is expected to sign the bills soon, but there is no specific timeline yet.

California lawmakers are addressing the state's rising retail crime with the swift passage of a series of related bills. Ten mostly bipartisan proposals, all focused on retail theft and property crimes, were passed by both the state Assembly and Senate. Final votes took place Monday, and by the end of the day, the bills were on Governor Gavin Newsom's desk awaiting approval.

A key focus of this legislative package is the California Retail Theft Reduction Act (AB 2943), introduced earlier this year by Special Committee on Shoplifting Chairman and Assemblyman Rick Zbur. This bill, one of the most comprehensive passed by the State Assembly this year, creates a new crime classification centered around possession of stolen goods valued at over $950 with the intent to resell, a crime punishable by up to three years in prison. Evidence may include repeat offenses or possession of large amounts of stolen property.

The law also imposes certain obligations on sellers on online marketplaces. They are now required to keep records proving that their products were purchased legally. In addition, larger retail companies must provide data to law enforcement. This will toughen criminal laws and prevent the sale of stolen goods online.

The Californians Against Retail Theft initiative, under which Bills Packaging is involved, contains other interesting provisions. AB 1779 allows for theft cases to be prosecuted simultaneously in multiple jurisdictions. AB 1802 removes the sunset clause for the state's organized retail crime law and makes the California Highway Patrol (CHP) Criminal Task Force a permanent structural element. AB 1972 expands the scope of the Task Force to include cargo theft.

The legislative package also includes SB 1144, which imposes additional requirements on online marketplaces to enforce policies prohibiting the sale of stolen goods. SB 1242 provides for longer prison sentences for people convicted of setting fire to a retailer's property in furtherance of retail crime. SB 1416 increases prison sentences for people convicted of selling or returning stolen goods. SB 982 removes the statute of limitations for prosecuting organized retail theft.

The proposals will be passed alongside a major bill on the ballot: Prop. 36, the Homelessness, Drug Addiction and Theft Reduction Act. This bill will notably revise the 2014 law that set $950 as the maximum limit for theft. The changes will allow a felony charge if a person has two or more prior convictions for certain theft offenses. This could result in a sentence of up to three years in a county or state prison.

Assemblyman James Ramos and San Francisco Mayor London Breed, along with dozens of other politicians and law enforcement groups, have expressed support for Prop. 36. Hundreds of thousands of California voters have signed the proposal, guaranteeing its place on the ballot in November.

However, lawmakers behind the Californians Against Retail Theft package, supported by Governor Newsom, do not want Prop. 47 repealed or amended. This law has been a critical part of the state's prison reform strategy since its passage in 2010. Prop. 47 was designed as a solution to reduce prison overcrowding by reducing sentences for certain non-violent drug or property crimes. This move has saved the state more than $800 million.

Rep. Rick Zbur told the Assembly floor on Monday: “What is happening in our neighborhoods is unacceptable and we must act quickly, but we must also look at the facts and find solutions that really work. We must ensure that we pursue reforms that effectively address retail crime while avoiding rolling back criminal justice reforms that have successfully helped keep our communities safe and reduce the human cost of incarcerating people for minor offenses.”

Since the governor's office has not yet provided a concrete timeline, it is expected that Governor Gavin Newsom will sign the bills quickly.