California bill would tackle organized retail theft, stops short of changing Prop. 47


Weeks after announcing a plan to address retail theft in California, Assembly Democrats on Thursday unveiled the bill specifics.

Assembly Bill 2943, by Assembly Speaker Robert Rivas, D-Salinas, and Assemblyman Rick Chavez Zbur, D-Hollywood, is part of the legislature’s response to tackle the problem of retail theft, mirroring an effort by the state Senate as well as the stated intentions of California Gov. Gavin Newsom.

The bill adds a criminal penalty of up to three years for possession of stolen property with the intent to resell it, and spells out that repeated conduct or possession of large quantities of merchandise can be used as evidence of intent. In addition, it requires online sellers to maintain records showing the “lawful chain of custody” for goods that they sold.

The bill also specifies that individual thefts from different victims can be aggregated in order to reach the threshold for felony theft.

Diversion and rehabilitation programs, such as drug courts, would get a boost from the bill, by requiring increased supervision for shoplifting and petty theft.

The bill would empower police to arrest people for shoplifting based on sworn witness statements or video footage, and also extends their ability to keep repeat offenders and those committing organized retail theft in custody.

“Crime, like everything, evolves, and criminal enterprises are using new and different ways to skirt the law. That’s not acceptable to me or to the public. We have to ensure California’s laws are addressing the situation at hand,” Rivas said in a statement.

What the bill doesn’t do is make changes to Proposition 47, the 2014 voter-approved initiative that raised the threshold for felony theft to a minimum of $950.

That’s been a point of contention for some, including law enforcement groups and legislative Republicans.

However, Assemblyman Juan Alanis, R-Modesto, who vice-chairs the Assembly Public Safety Committee, said that proposals like AB 2943 are necessary and can’t wait for another year.

He told The Bee in an interview that while he wants to see Prop. 47 get reformed, that has to be done at the ballot box and that this bill represents a good start for what lawmakers can do.

“I think this is just part of the puzzle,” he said.

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