California’s New Laws Aim to Combat Smash-and-Grab and Theft Crimes

California Governor Gavin Newsom has taken a significant step towards tackling the rampant issue of smash-and-grab robberies and property crimes by signing a package of ten bipartisan bills. This legislative effort aims to enhance measures against repeat shoplifters and auto thieves while increasing penalties for those involved in professional reselling schemes.

This initiative comes as Democratic leaders strive to project a strong stance on crime, particularly as they work to persuade voters to oppose a proposed ballot measure that seeks to enforce stricter penalties on repeat offenders of shoplifting and drug-related offenses.

The problem of shoplifting has escalated in recent years, with large-scale smash-and-grab incidents capturing widespread attention. In these scenarios, groups of individuals enter stores and steal items in plain sight, creating a crisis that has resonated across California and beyond. These brazen acts, frequently recorded and shared on social media, have underscored the growing concerns surrounding retail theft.

According to Newsom, this legislation marks one of the most significant overhauls to combat retail theft in years. It empowers law enforcement to aggregate the value of stolen goods across multiple victims, which allows for more severe penalties to be enforced. Additionally, it enables officers to utilize video evidence and witness accounts when making arrests for shoplifting.

“This goes to the heart of the issue, and it does it in a thoughtful and judicious way,” said Newsom, emphasizing the comprehensive nature of the new laws. “This is the real deal.”

The legislation received support from both sides of the political aisle, although it did face dissent from some progressive Democrats who argued that certain aspects of the bills were excessively punitive.

Among the measures included in this new package are stricter regulations on cargo theft, closing loopholes surrounding auto theft prosecutions, and requiring online marketplaces like eBay and Nextdoor to collect bank account and tax identification details from high-volume sellers. Furthermore, retailers will have the authority to seek restraining orders against individuals convicted of shoplifting.

State Senator Nancy Skinner, who introduced one of the bills, remarked, “We know that retail theft has consequences, big and small, physical and financial. And we know we have to take the right steps in order to stop it without returning to the days of mass incarceration.”

Earlier this year, Democratic lawmakers, led by Newsom, attempted to prevent a tougher-on-crime initiative from appearing on the November ballot but were unsuccessful. This initiative, known as Proposition 36, would classify repeat shoplifting and certain drug offenses as felonies. Democrats feared that the measure would disproportionately impact low-income individuals and those struggling with substance use issues, rather than addressing the more significant problem of organized crime.

The new legislation offers an alternative by permitting prosecutors to aggregate multiple thefts occurring at different locations into a single felony charge. It also seeks to enhance penalties for smash-and-grab operations and large-scale reselling activities.

In a show of opposition to Proposition 36, which has garnered backing from a coalition of district attorneys and business leaders, Newsom expressed his concerns at a Home Depot store in San Jose. He deemed the initiative a potential “devastating setback” for California, asserting that it would represent a regression to outdated policies reminiscent of the 1980s war on drugs.

Addressing crime in California poses unique challenges for state Democrats, particularly as many have dedicated years to advocating for progressive policies intended to reduce incarceration rates and promote rehabilitation. Newsom’s administration has allocated substantial funding, approximately $267 million, to enhance local law enforcement’s capacity, including funding for increased patrols, surveillance technology, and criminal prosecutions.

The issue of retail crime has escalated amid growing criticism from Republicans and law enforcement, particularly due to the viral nature of videos depicting large groups stealing from stores. Many voters express frustration over perceived lawlessness in California as retail theft and drug abuse contribute to an ongoing homelessness crisis.

This contentious issue has even prompted some Democrats to diverge from party leadership, indicating support for Proposition 36’s tougher stance on crime.

Quantifying the extent of retail crime in California remains difficult due to insufficient local data. However, the consequences are visible, with many stores closing and common items like toothpaste often found locked behind glass. The California Retailers Association has noted challenges in obtaining comprehensive data, as many businesses are reluctant to share their internal information.

Crime statistics suggest that the San Francisco Bay Area and Los Angeles have experienced a noticeable rise in shoplifting rates from 2021 to 2022, according to research conducted by the non-partisan Public Policy Institute of California. While crime rates overall remain low compared to historical highs, the perception of rising retail theft remains pervasive among Californians.

Additionally, officials from the California Highway Patrol reported recovering approximately $45 million in stolen goods and making nearly 3,000 arrests since 2019.