Newsom signs strict smash-and-grab, retail theft bill

Gov. Gavin Newsom via Twitter. 

California Gov. Gavin Newsom signed a bill on Thursday that increases sentences for some retail and property crimes.

AB 1960 directs courts to impose an enhanced sentence when "suspects take, damage, or destroy property valued at over $50,000."

The bill reinstates a tiered penalty enhancement system. 

Per the resolution, if the loss or property value exceeds $50,000, the court shall impose an additional term of one year.

If the loss or property value exceeds $200,000, the court shall impose an additional term of two years, and so on. 

According to the governor, the bill written by California Assembly Speaker Roberta Rivas (D-Salinas), targets large-scale fencing operations.

The same sentences will be applied to those who knowingly receive or resell stolen property.

"We can be tough on crime while also being smart on crime — we don’t need to go back to broken policies of the last century," Newsom said in a statement. "Mass incarceration has been proven ineffective and is not the answer – we need true accountability and strategies that enhance our nation-leading efforts to address crime."

The bill is supported by the California Retailers Association. 

"Assembly Bill 1960 serves as a deterrent against 'smash and grabs' and retail crime," said President and CEO Rachel Michelin. "It sends a clear message that such illicit and dangerous activities will not be tolerated, thereby helping to protect businesses, consumers, and communities from the adverse effects of criminal behavior."

Some human rights organizations, including ACLU California Action and the Ella Baker Center for Human Rights oppose the bill. 

"AB 1960 would do nothing to assist victims but would serve to increase the time that a person would be incarcerated for a property offense," said the California Public Defenders Association.

 Video of a smash and grab robbery involving hammers and tools at Sunnyvales PNG Jewelers USA. Police say theyve made five arrests and are looking for more suspects. June 2024

The action comes less than one month after Newsom signed 10 bills into law that focus onc racking down on property and retail crime.

Some of the changes those laws made include allowing officers to arrest someone for shoplifting with probable cause, even if the officer didn't actually see the person steal. 

Prosecutors are also able to add up the value of property stolen from different victims and locations so that the total reaches the felony grand theft threshold of $950.

The laws double probation for shoplifting and petty crimes to two years, and also allow businesses to get "retail theft restraining orders" to prohibit someone convicted of organized retail theft from entering the store for up to two years. 
 

The recent legislative action comes as the governor is working against a proposition that aims to create more consequences for drug and theft crimes.

Proposition 36 would re-classify some misdemeanors as felonies. 

Many state lawmakers, including San Jose Mayor Matt Mahan, support it, but others, including the governor, say Proposition 36 is not the solution to crime because it could lead to mass incarcerations.