Two approaches are gaining more attention as California grapples with the issue of retail theft, which has been pushed to the top of the state's political agenda this year by widely circulated videos of robberies and takeovers and the proliferation of pharmacies holding up essential goods.
Assembly Speaker Robert Rivas (D-Hollister) on Tuesday threw his weight behind a package of bills aimed at thwarting theft by, among other proposals, allowing restraining orders to keep people who steal away from certain stores and allowing prosecutors to collect the value of thefts across incidents. Multiple criminal charges are determined.
Meanwhile, backers of an initiative funded by major retailers are preparing to submit signatures this month to put a measure on the November ballot that would address the problem through tougher criminal penalties for repeat offenders and court-mandated diversion programs for drug users.
The question now is whether the two sides will negotiate common ground or whether both approaches will advance this year, setting the stage for a fight at the polls.
At the core of the case is the debate over whether California can reduce theft without changing Proposition 47, the liberal criminal justice measure approved by voters in 2014 that reclassified some drug crimes and thefts under $950 as misdemeanors. Rivas and Democratic Gov. Gavin Newsom believe they can enact new laws to address theft while leaving Proposition 47 intact. Supporters of the initiative, backed by department stores and state attorneys general, believe repealing parts of Proposition 47 is critical to solving the problem.
“There is no turning back in terms of the criminal justice reforms that have been enacted,” Rivas said Tuesday during a news conference at the Capitol. “It's understanding the root causes of this complex problem. For us, every one of these laws targets those layers of complexity.
Rivas rejected proposals that would require changing Proposition 47, sending the Times a statement saying that “going to the ballot to address retail or theft crimes is not necessary, because the Assembly's comprehensive, bipartisan plan provides real and urgent changes for Californians.”
Rachel Michelin, president of the California Retailers Association, appeared alongside Rivas in a sign of her group's support for the legislation. But she sees the bills as one of the options on the table in addition to the ballot initiative.
“California is a very political state, and this is a very political situation, but it’s about how do you find solutions?” she told the Times. “Whether it's a ballot initiative or a legislative package, what's the best chance of getting results?”
The ballot initiative called the Homelessness, Drug Abuse and Robbery Reduction Act seeks to change Proposition 47 in several ways. It would raise the third time someone commits retail theft to a felony charge. It would also allow prosecutors to total the value of stolen goods so that a person could be charged with a felony for multiple thefts totaling at least $950. It would add fentanyl to the law prohibiting possession of hard drugs while armed with a loaded firearm. It also requires drug treatment the third time a person is charged with simple drug possession.
“We can't fix this without going back to the ballot box,” said Bobby Singh Allen, president of the American Petroleum and Convenience Store Association, a supporter of the initiative that represents nearly 2,000 California convenience stores. “We don't want to leave it up to the legislature.”
The ballot initiative has already raised more than $7 million since October and has been largely funded by retailers including Target, Walmart, 7-Eleven and Home Depot, according to campaign finance records. The attorney general-led initiative has received significant support from law enforcement and Republican elected officials, but has recently received support from Democrats including San Francisco Mayor London Breed.
Greg Totten, CEO of the California District Attorneys Association. One supporter of the initiative told the Times he was confident it would qualify for the November election. The deadline for submitting signatures is April 23.
A law passed in 2014 gives the Legislature an opportunity to hold hearings and negotiate with initiative sponsors about policies that could encourage them to withdraw their measures from the ballot. Totten said his campaign is “ready to negotiate at any time, place or under any circumstances.”
Rivas did not answer the Times's question about whether he would hold a public hearing on any potential negotiations.
The state Senate is also considering a package of bills to address the growing fentanyl crisis and organized retail theft. Lawmakers have until the end of August to decide which bills they want to send to Newsom.
The Assembly bill package has support from progressive groups that support criminal justice reforms in California.
“Rather than simply seeking to score quick and cheap political points, the package reflects a commitment to seeking solutions that will reduce theft incidents in the first place,” Tineesh Hollins, executive director of Californians for Safety and Justice, said in a statement. .
These are the bills Rivas intends to prioritize:
Assembly Bill 2943, co-authored by Rivas and Assemblyman Rick Chavez-Zbor (D-Los Angeles), is a nod to Newsom's suggestions about how the state should try to curb theft. The bill tackles serial thieves, raises dollar amounts and expands drug diversion programs. Portions of this bill address similar issues in the ballot initiative. Assembly Bill 1794, introduced by Assemblyman Kevin McCarty (D-Sacramento), would allow prosecutors to group robbery crimes committed by the same offender even when they involve different locations and victims. It would also simplify the process of reporting shoplifting incidents directly to prosecutors through a statewide program called “CAL Fast Pass.” Assembly Bill 1845, introduced by Assemblyman Juan Alanis (R-Modesto), is the only Republican bill in the package and would expand the California Highway Patrol's Property Crimes Task Force program to include freight theft and railroad policing. Assembly Bill 3209, introduced by Assemblyman Mark Berman (D-Menlo Park), would allow a court to impose a restraining order for up to two years against anyone who robbed, vandalized, or assaulted an employee. It will also require the court to consider whether the person lives in a “food desert” and whether the store is the only place for necessities. Assembly Bill 1779, introduced by Assemblywoman Jackie Irwin (D-Thousand Oaks), was sponsored by the California District Attorneys Assn. It would allow prosecutors to charge and handle multiple crimes that occurred across counties in one court. Assembly Bill 1802, introduced by Assemblyman Reggie Jones-Sawyer (D-Los Angeles), would make the California Highway Patrol's Property Crimes Task Force permanent. Los Angeles County District Atty. George Gascón sponsored this bill. Assembly Bill 1960 introduced by Assemblywoman Esmeralda Soria (D-Fresno) would enhance penalties for a person who takes or destroys property worth more than $50,000. Supporters include the Merced County District Attorney and the California District Attorney. and the Orange County Bar Association.
