2023 California Theft Legislation
The California legislature is looking at bills to address retail and residential theft. While CARRT believes Proposition 47 needs to be amended to address theft issues, some bills may make minor changes to the theft issue. CARRT has not taken a position on any of the bills or the proposed initiative, but CARRT coalition members need to be aware of proposals to help on the issue.
November 2024 Potential Initiative
The Homelessness, Drug Addiction and Theft Reduction Act will hold repeat thieves accountable with felony prosecution; allow treatment-mandated felony prosecution for 3rd time hard drug convictions; and tackle the fentanyl crisis by going after fentanyl drug dealers. The initiative is in the signature gathering process in hope of qualifying for the November ballot.
2024 Legislation
AB 1772 – Ramos. Theft – This bill targets repeat offenders with two or more prior convictions to receive up to 3 years in prison for their next conviction. AB 1772 is a bipartisan bill with 19 co-authors and the bill amends Proposition 47 requiring a vote of the people.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1772
AB 1779 – Irwin. Theft: jurisdiction – This bill allows for local prosecutors to go after certain theft offenses that were only allowed to be handled by the Attorney General’s Office.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1779
AB 1787 – Villapudua. Crimes: shoplifting – This is a spot bill to address retail theft.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1787
AB 1794 – McCarty. Theft: crimes – This is a spot bill to address Proposition 47.
AB 1802 – Jones-Sawyer. Crimes: organized theft – This bill would extend the organized retail theft provisions that are scheduled to sunset in 2026 to extend to 2031.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1802
AB 1845 – Alanis. Crimes: Grant program for identifying, apprehending and prosecuting resale of stolen property – This bill would have the Board of State and Community Corrections to issue grants to address retail theft.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1845
AB 1972 – Alanis. Organized retail theft: cargo – This bill would classify cargo theft as organized retail crime.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1972
AB 1990 – Carrillo. Criminal Procedure: arrests: shoplifting – The bill would allow law enforcement to make a warrantless arrest for misdemeanor shoplifting even if the crime did not happen in the presence of the officer.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1990
AB 2406 – Davies. Crimes: Theft – This bill would make it a crime to use, persuade or coerce 2 or more minors under 18 to engage in theft crimes.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2406
AB 2438 – Petrie-Norris. Property crimes: enhancements – This bill targets repeat offenders with two or more prior convictions to receive up to 3 years in prison for their next felony theft conviction.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2438
AB 2943 – Zbur. Crimes: shoplifting – This bill would allow law enforcement to aggregate stolen items with the intent to sell. The bill also allows law enforcement to make a warrantless arrest for misdemeanor shoplifting even if the crime did not happen in the presence of the officer. The bill would extend the organized retail theft provisions that are scheduled to sunset in 2026 to extend to 2031.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2943
AB 3109 – Muratsuchi. Theft. This bill targets repeat theft offenders with enhanced penalties up to 3 years in prison or volunteer to participate in a diversion program. The bill amends Proposition 47 and requires a vote of the people.
SB 22 – Umberg. Crimes – This bill addresses drug offenses and some sex crimes. The bill would also allow law enforcement to aggregate theft crimes and enhanced penalty of a felony up to three years for multiple theft offenses. The bill has an urgency clause so most bill deadlines do not apply. The bill amends Proposition 47 and requires a vote of the people.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB22
SB 923 – Archulta. Theft – This bill targets repeat offenders with two or more prior convictions to receive up to 3 years in prison for their next conviction. The bill amends Proposition 47 and requires a vote of the people.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB923
SB 928 – Niello. Crimes: organized theft – The bill would extend the organized retail theft provisions that are scheduled to sunset in 2026 indefinitely.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB928
SB 981 – Wahab. Retail theft: arrest authority – This is a spot bill on retail theft.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB981
SB 982 – Wahab. Crimes: organized theft – The bill would extend the organized retail theft provisions that are scheduled to sunset in 2026 indefinitely.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB982
SB1416 – Newman. Retail Theft – This bill would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The author has held the bill.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1416
Died in 2023 without a hearing
AB 23 – Muratsuchi. Theft: shoplifting –This bill would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB23
AB 523 – Vince Fong. Organized retail theft: cargo. This bill would expand organized retail theft to include merchandise stolen from a merchant’s cargo.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB523
Failed in 2023 in Appropriations Committee
AB 335 – Alanis. Proposition 47: repeal. This bill originally proposed to repeal the changes and additions made by Proposition 47. The bill was amended significantly and now calls for a study of retail thefts by the Little Hoover Commission. The bill passed unanimously through Assembly Public Safety Committee and held in Appropriations.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB335
Failed in 2023 in Public Safety Committee
AB 75 – Hoover. Shoplifting: increased penalties. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted three or more times of theft may be subject to a felony on the next theft conviction. On March 21, the bill failed in Assembly Public Safety Committee in a partisan vote.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB75
AB 329 – Ta. Theft: jurisdiction. This bill would expand organized retail theft to include merchandise stolen from a merchant’s cargo valued over $950. On March 21, the bill failed in Assembly Public Safety Committee in a partisan vote.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB329
AB 1708 – Muratsuchi. Theft. This bill redefines theft by increasing penalties for theft of a firearm or vehicle, identity theft, or credit card theft. It also increases the penalties for someone who commits three or more petty thefts or shoplifting. The bill is scheduled to be heard on April 11 in Assembly Public Safety Committee.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1708
SB 316 – Niello. Shoplifting: increased penalties for prior crimes. This bill would amend Proposition 47 by reestablishing that a person who commits a petty theft and has three or more previous petty or grand theft convictions can be charged with a misdemeanor or a felony with a maximum sentence of three years. On February 28, the bill failed in Senate Public Safety Committee in a partisan vote.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB316