What you need to know about California’s new theft and property crime law

California made big strides to combat property crimes in 2024, from shoplifting to cargo theft and organized retail crime. A historic package of 11 bills was signed into law by Gov. Gavin Newsom in August, and voters took matters into their own hands in November, passing Prop. 36 by large margins.

With the new year approaching, that legislation has come into effect.

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“California’s new laws tackle today’s biggest new challenges head-on,” Newsom said last week. “By partnering with the Legislature, we are strengthening public safety, building more homes and providing more resources to our communities. These practical reforms protect what matters most while creating more opportunities for all Californians.”

Retail theft and property crime

With shoplifting, smash-and-grabs, burglaries and grand theft all making headlines more frequently in recent years, California lawmakers have worked to address the concerns of retailers, law enforcement and prosecutors, creating new tools to charge and prosecute these crimes.

California’s felony theft limit has been set at $950 since Prop. 47 was enacted in 2014. Two new laws aim to address some of the challenges to this precedent, which has become more controversial over the past decade.

AB 2943 would allow for the aggregation of the value of property stolen from different victims across counties or jurisdictions to arrive at the felony threshold. Similarly, AB 1779 allows the consolidation of charges of theft and related offenses occurring in different counties into a single criminal case.

Meanwhile, SB 905 allows for the aggregation of the value of property stolen from vehicles over the course of multiple acts, supporting a charge of theft of auto property for resale.

One measure Newsom tried to stave off with the signing of this robust bundle of bills was Prop. 36, which was passed in November with 70 percent of California voters in favor.

The Homelessness, Substance Abuse and Theft Reduction Act took effect in December, effectively rolling back certain provisions of the hotly debated Prop. 47, which many believe sets the threshold for crimes such as shoplifting too high. A significant element of the law introduces the concept of “wobbler” crimes, or crimes that can be charged as felonies or misdemeanors depending on other mitigating factors. Now, petty theft or shoplifting with two prior theft-related convictions can be charged as a felony.

Law enforcement now also has more options to tackle shoplifting and petty theft.

First, AB 2943, also known as the Retail Theft Reduction Act, gives an officer the right to arrest someone for shoplifting, provided there is probable cause, even if they did not witness the act. The same law doubles the probation allowed for shoplifting and petty theft from one to two years and allows defendants under 25 to be sent to rehabilitation programs.

Fencing and organized retail crime

The multi-faceted AB 2943 deals not only with the act of stealing, but with possessing stolen property with the intent to commit a secondary crime for profit. The law creates a new crime for possessing over $950 in boosted product with the idea of ​​reselling or “fencing” or exchanging or returning the items for cash. These activities are now punishable by up to three years in prison. At the same time, SB 1416 toughens the punishment for large-scale resale of stolen property.

Politicians are also taking note of the increased use of web-based marketplaces to corral stolen goods. In line with nationally proposed legislation, California passed SB 1144, which requires online platforms to collect essential information about high-volume third-party sellers on their websites.

And as retail crime becomes more organized and sophisticated, AB 1802 eliminates the sunset date for organized retail theft crimes as well as the expiration date for regional property crime task forces. AB 1972 adds cargo theft to the list of property crimes these task forces can address, following an increase in cargo theft from railroads during the pandemic.

Violent crimes and smash-and-grabs

AB 3209 aims to empower retailers who have been repeatedly targeted by thieves, allowing a court to issue a “retail theft restraining order” against a person convicted of organized retail theft, shoplifting, theft, vandalism or assault by a retail employee. This prevents the person from entering not only the store they were exposed to, but anywhere else in a chain of stores for up to two years.

Reports from across the state have painted a mixed picture of the relationship between retailers and law enforcement, with some members of the retail trade saying they have been discouraged or even fined for repeatedly calling the police. AB 2943 protects retailers from citations or fines for reporting retail theft.

And with the destruction of property becoming more common among retail crimes, SB 1242 sets higher penalties for thieves who set fires to facilitate organized retail theft, while AB 1960 creates mandatory sentencing requirements for stealing, damaging or destroying property valued at over $50,000 during the commission of a felony.

“These changes give law enforcement and prosecutors new tools to tackle organized theft and protect local businesses,” the governor’s office said last week. “Now police can better stop repeat offenders, while prosecutors have more power to hold thieves accountable — especially when dealing with organized retail crime rings that operate across city and county lines.”