Gov. Newsom Signs Retail, Property Crime Enhancement Bill

A bill that would increase sentences and penalties for some retail and property crimes was signed into law by Governor Gavin Newsom on Thursday, officially bringing back tougher laws against “smash and grab” style robberies and other crimes.

Assembly Bill 1960, authored by Assembly Speaker Robert Rivas (D-Hollister) would specifically create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony. Sentence enhancements begin at thefts at or exceeding $50,000. If the loss or property value exceeds $50,000, the court will add one additional year in jail. At $200,000 or more, it will be increased to two additional years. At $1 million it goes up to three years, with $3 million bringing an additional four years. For each additional loss or property value of $3,000,000, the court will tack on another year. The same enhanced sentences will also be applicable to those who knowingly receive stolen property or resell such property.

However, the bill has many limitations. It fails to heighten sentences for misdemeanor thefts and thefts for robberies under $50,000. It is also a limited bill in terms of time, with the new law expiring on  January 1, 2030.

“Californians have spoken loud and clear: They want to feel safe, whether it’s when they’re shopping, walking down the street or going to the park with their kids,” said Rivas earlier this year in regards to AB 1960 and similar theft and crime bills. “These bills are a turning point for California. We are saying enough is enough on organized retail theft. I thank my Assembly colleagues for protecting shoppers, workers and business owners by passing these bills out of the Assembly. Now that we’ve taken action, I expect the Senate to move quickly and send these bills to the Governor for signature.”

While many left-leaning Democrats were against AB 1960 because of fears that it could lead to even more tougher on crime bills in the coming sessions, and undo years worth of progressive criminal justice reform laws, a slight majority of Democrats supported the bill, as crime rates have continued to rise. Many others also come from districts affected by smash-and-grab style robberies, with constituents who wanted tougher laws in place to help deter criminals. Supporters needed Republican lawmakers to help push the bills through as well. While they were hoping  for a bill that added more penalties against criminals, as well as added jail time to more types and amounts of retail theft, they agreed on the bill for being a good first step towards even more tougher retail theft laws.

Liberal lawmakers did all they could to halt the bill late last month, but in the end, they didn’t have the votes. It passed the Senate 34-2 with 4 not voting, and narrowly passed the Assembly 64-4 with 11 not voting. All eyes then turned to Newsom. The Governor, who has been steadily reversing course on earlier progressive decisions, and passing more tough on crime laws and executive orders over the past few years, was expected to sign the law. Expectations proved true on Thursday, with Newsom signing AB 1960.

We've all seen videos of violent flash-mob attacks against local stores and businesses, organized gangs with sledgehammers and baseball bats. This must stop now. I authored a new law to hold appropriately responsible those who damage stores and property, because our business…

— Speaker Robert Rivas (@CASpeakerRivas) September 12, 2024

“California already has some of the strictest retail and property crime laws in the nation — and we have made them even stronger with our recent legislation,” said Newsom in a statement on Thursday. “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. 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. I thank Speaker Rivas for his leadership in strengthening law enforcement tools in California.”

Rivas also added that “Violent ‘sledgehammer crimes’ and flash-mob attacks by organized gangs must stop now. I authored this new law to hold appropriately responsible those who damage stores and property, because our business owners and workers should not have to live in fear that these crimes will come to their doorstep. I thank Governor Newsom for signing this bill so we can keep our communities safe.”

While the bill was supported by both parties and the passage was generally seen as favorable, many have said that the laws need to go farther in deterring crime. Many noted on Thursday that Proposition 36 is a more realistic law, with significantly more increased penalties not only for retail theft criminals, but covering thefts of all kinds and drug crimes as well.

“The general feeling right now is that, while AB 1960 was a good amuse bouche, Californians really want a lot more done to stop these criminals,” said Rita Walker, a pollster focusing on crime-oriented propositions and ballot initiatives, to the Globe on Thursday. “A lot of people are seeing AB 1960 and the other bills in the package as sort of stop-gap sort of measure. You know, the legislature and Governor got these new laws in, so there is no need to pass Prop 36 this year. But, to give Californians credit, polls have been showing that they can see how much father Prop 36 goes. AB 1960 is too little, too late for many.

“The bigger issue for many is Prop 47 and fixing that. AB 1960 and the other bills just don’t go far enough. For many, Prop 36 is the real first step forward combatting all this crime.”

Governor Newsom has until September 30th to decide on the rest of the bills currently awaiting his veto or signature.