The increase in retail theft has unexpectedly become a prominent issue in California’s statehouse. Democratic lawmakers recently tried to propose a measure to counter a tougher anti-crime measure supported by district attorneys and retail stores. After contentious negotiations that garnered unwanted attention, Gov. Gavin Newsom and his allies withdrew their alternative measure.
However, the California Legislature is moving forward with a package of anti-theft bills aimed at restoring public trust and addressing the theft problem. The initiative supported by district attorneys seeks to revise sections of Proposition 47, a 2014 ballot initiative that reduced penalties for certain lower-level crimes. The Democratic leadership opposes this effort.
The Democratic proposals represent a measured approach to strengthening theft laws without completely dismantling Proposition 47. The most significant bill will allow prosecutors to combine charges so that thieves who steal from multiple stores can face felony charges even if they stole less than $950 at each location.
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However, one bill takes a misguided approach by imposing significant burdens on legitimate businesses. Senate Bill 1144 attempts to tackle retail theft by requiring “high-volume” sellers to provide their personal bank account, license, and tax information to online marketplaces to ensure they are not selling stolen goods. The vague definition of high volume could lead online marketplaces to assume that every seller fits that definition, making many sellers hesitant to provide their information.
Democrats mishandled their approach to this issue. In addition to their clumsy attempt to propose an alternative measure, they initially tried to burden their bill package with “poison pill” amendments that would have jeopardized their bills if the initiative passed. This gave the impression that they are not serious about addressing crime.
Nevertheless, Democrats can redeem themselves by amending SB 1144, passing the package without deceptive amendments, and allowing voters to decide on the ballot initiative.
