Bill to Make it Easier to Arrest Shoplifters Continues To Gain Support

A bill aimed at making it easier to arrest shoplifters has continued to grow in support in the Senate following passage in the Assembly late last month.

Assembly Bill 1990, authored by Assemblywoman Wendy Carrillo (D-Los Angeles), would let law enforcement officers make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting. In addition, those arrested for shoplifting can no longer be released on citation.

Assemblywoman Carrillo wrote this bill, also known as the Secured Transactions and Organized Theft Prevention (STOP) Act, in order to combat the rise of retail theft across California. In the initial AB 1990 announcement in March, Carrillo said that the bill was specifically written to prioritize public safety and safeguard local economies, increase enforcement and introduce tougher penalties for suspected shoplifters, and enhance the safety of employees and customers.

“AB 1990, the STOP Act, is an urgent call to action in response to the alarming escalation of organized retail theft that threatens the very fabric of our communities. Shoplifting adversely affects both small and large businesses, our state’s economy, and the security and well-being of our neighborhoods,” said Carrillo earlier this year. “It is our responsibility to confront a problem that has been increasingly worsening over time. In my community of Eagle Rock, we have noticed an uptick in organized retail theft with community groups bemoaning stores being broken into and employees being robbed on a weekly basis. Organized groups targeting retail stores have plunged businesses and communities into chaos, creating an environment of disorder for some and instilling fear in consumers, employers, and employees who are uncertain about their safety at work. Stores are closing. Jobs are being lost. It’s clear that combating organized retail theft requires a coordinated effort aimed at both prevention and ensuring safety.”

While many Democrats were against AB 1990, as well as other bills targeting shoplifting to weaken Prop. 47, Republicans and some Democrats, especially those in districts heavily affected by shoplifting, turned out to be big supporters of the bill. Progressive Democrats, not wanting to support a bill that would increase incarceration rates, but also not wanting to be seen as in favor of high shoplifting rates, opted to instead simply not vote on the bills. This was especially noticeable when the combined Republicans and Democrats had a majority, such as when late last month AB 1990 passed 44-1 with 35 abstentions being recorded. The sole lawmaker voting against the bill was Assemblyman Ash Kalra (D-San Jose).

Support for AB 1990

AB 1990 now is currently working it’s way through the Senate, where more and more Senators are signaling that they will be voting in favor of the bill later this year.

“AB 1990, the bill that would have police officers arrest shoplifters without a warrant, has been getting more and more people left and right. Literally, left and right,” explained Dana, a Capitol staffer to the Globe on Monday. “Similar bills too. Constituents have been heavily complaining about shoplifting and they want something to be done. This is just one of those things going through right now.”

However, AB 1990 is just one of many actions taking aim at weaking Prop 47 this year. Other bills in the Assembly and the Senate, such as the self-checkout limiting SB 1446, have been met with similar gusto. As CalMatters recently pointed out, abstention votes are often made to not make colleagues mad at them. However, in the case of the recent anti-Prop 47 bills, they also don’t want constituents to be angry at them.

But it isn’t just bills. A proposition that will heavily alter Prop. 47 has gained enough signatures, and will likely be coming to the ballot this November.

Passed in 2014 with a 59.6% 40.4% result,  Prop. 47 recategorized some nonviolent offenses from felonies to misdemeanors. These crimes included, up to an amount of $950, shoplifting, grand theft, receiving stolen property, forgery, and fraud. In addition, most drug use offenses were made misdemeanors as well. While the measure was promoted as a way to reduce crowding in prisons and reallocate money for alternate to prison ways to prevent crime, crime rates soon exploded across the state. Criminals became savvy when shoplifting, making sure not to go above the $950 amount, with some even carrying calculators in stores to make sure they didn’t go over the felony limit.

Law enforcement agencies, even those in liberal areas, denounced the proposition. By 2016, retailers were reporting a 15% to 50% rise in shoplifting across the board. High crime rates continued on into the 2020’s, with Prop. 47’s “get out of jail free card” reputation exacerbating related problems in cities such as San Francisco.

The bills and the proposition

Lawmakers from both parties flooded the legislature with bills in an attempt to rein in Prop. 47 over the years, including a reset bill in 2022 that would have lowered the felony amount from $950 to $400. However, liberal lawmakers, wanting to show that it could work on the long term, refused to make any alterations to it. An attempt at the ballot box was also made in 2020, with Prop. 20, hoping to toughen sentencing in criminal cases, lower the felony amount to $250, and reduce the number of prison inmates eligible for early parole. However, because of the George Floyd protests still a recent memory for many voters, Prop. 20 was crushed that November 61.7% to only 38.3% in favor.

2024 has been different though. Voters are starting to pull support from candidates defending Prop. 47 or policies where criminals are not arrested or let go soon after being arrested. And with shoplifting so bad in some areas that criminals literally walk out with things with no consequences, as well as exploding shoplifting rates, voters are angry.

“Bills like AB 1990 and the ballot measure all coming in at once this year underline just how mad people are and how they aren’t taking it anymore,” said researcher David Lewis, who specializes on crime propositions in each individual state, to the Globe on Monday. “You know how in the movie Network, the guy says “I’m mad as hell, and I’m not going to take it anymore!”? That’s what has been happening. Donors, especially those in the retail area, are finally getting in the ears of lawmakers about this. And, more broadly, so are voters. You know, letters or e-mails saying ‘Why are you letting people get away with this?’. After COVID and George Floyd and other changes, excuses are running out.”

“And that’s why we have seen so many successes this year. Bills are advancing with many Democrats getting the hell out of the way. In fact, many Democrats are now in favor of these new bills. And we have the proposition. The proposition will really tell a lot, as it will show where Californians are at with the shoplifting issue. Voters likely didn’t think that Prop 47 would be this bad, and just don’t see the things promised from it coming to fruition. So the bills, the efforts, the proposition, and even citizens stopping shoplifters on their own. They want the tide to turn.”

“I wouldn’t say it’s trying to undermine the proposition, these new bills. Many Democrats might be aiming to try and do that. You know, get the bills passed, then say why do we need to pass the proposition now. But voters want as much done, and they may feel that the new laws passed aren’t enough. We’ll know more come fall after the bills have settled to know where we are there. The big questions right now, in regards to that, is if voters think that the bills are enough. If the lawmakers did enough. There should really be a poll on this, because it’s hard to read the Californian voter on something like that.”

AB 1990 is currently awaiting being heard in the Senate.