Why some retail thieves slip through the cracks—and what CA can do about it
Image by Andrew Gustar
Below, prominent marketplace organization International Council of Shopping Centers (ICSC) argues that Gov. Newsom's recent package of 10 anti-crime bills is helpful—but insufficient when trying to penalize chronic retail thieves of under $950 (thanks to a Proposition 47 loophole). ICSC offers Prop 36, on the ballot this November, as a potential solution for Californians wanting safe streets.
Last month, California Governor Gavin Newsom (D) signed landmark legislation that boosts the state’s effort to crack down and prevent organized retail crime (ORC) in the state. The package of 10 bills, co-authored by Assembly Speaker Robert Rivas (D) and the Select Committee on Retail Theft, increases penalties for violent and repeat offenders while providing law enforcement and prosecutors with more tools to pursue retail thieves.
While this group of bills broadly addresses ORC, a separate ballot measure appearing before voters in November — Proposition 36 — would bring tougher penalties for retail thieves who steal below $950, the current felony theft threshold. If approved by voters, Prop. 36 would allow prosecutors to charge repeat theft offenders with a felony theft count, regardless of the dollar amount stolen. In addition, the measure would allow prosecutors and law enforcement to charge thieves for the total value of property stolen across multiple jurisdictions.
ORC has been a major issue in California and some have called for amending the 2014 voter-approved Proposition 47 as a way to address the rise in crime. Critics of Prop. 47 claim that increasing the felony threshold for property thefts from $400 to $950 has emboldened thieves who know they can steal up to $950 worth of goods without receiving felony charges. …
What are the differences between the ORC legislation enacted this year and Prop. 36?
There is still some confusion over what the package of legislation accomplishes, how that legislation impacts the state statute and what effect the passage of Proposition 36 will have. The chart below breaks down the main objectives of each policy and compares them based on which theft prevention measures have been adopted in other states. Broadly speaking, Prop. 36 is narrowly focused on increasing penalties for thieves who are stealing below the $950 threshold, whereas the package of ORC bills signed into law seeks to address both enforcement and sentencing for high-dollar thefts.
