With lawmakers looking for solutions to retail theft and drug abuse issues, and as conversations continue to swirl about whether a voter initiative passed in 2014 is contributing to the increase in criminal activity, a new bill seeks to identify legislative solutions.
Limited to one paragraph declaring intent to address theft and drug crimes, Assembly Bill 1794 is a placeholder that will be expanded following input from stakeholders, according to its author Assemblyman Kevin McCarty (D-Sacramento).
“I want to work with all parties, advocates, retailers, and law enforcement to think about a middle ground, and more accountability for repeat offenders,” Mr. McCarty told The Epoch Times Jan. 9.
At issue is Proposition 47, passed to lower prison populations by reducing drug and theft crimes from felonies to misdemeanors. Critics say the measure is to blame, in part, for the surge in thefts and homelessness in California since the proposal passed nearly 10 years ago.
Of pointed concern is the change of law that Prop. 47 brought—blocking prosecutors from charging felonies to repeat theft offenders—and the codification of a $950 felony threshold for stolen property.
As a result, repeat offenders and thefts of goods less than $950 typically mean a misdemeanor citation with no arrest, according to experts.
The goal of the proposed new legislation is to prioritize public safety by adopting new laws to curtail repeat offenders, reassessing public safety accountability, and “reexamining” Prop. 47, according to the text of the bill.
Such can be done while safeguarding criminal justice reform passed in recent years and utilizing alternative rehabilitation options instead of jail time for first time offenders, Mr. McCarty suggested.
“Really focusing on diversion, treatment, and collaborative courts, but if that doesn’t work, some accountability through the criminal justice system and potentially incarceration,” he said.
As the newly appointed Chair of the Assembly Public Safety Committee, the assemblyman noted the challenge of bringing together different viewpoints and the opportunities that are presented by having a variety of perspectives contribute to policy making.
“Everybody is concerned about crime, but their solutions are very different,” Mr. McCarty said. “My task is to get something that we can get the maximum amount of support for.”
After retail smash-and-grab thefts proliferated last year, with viral videos circulating online showing thieves in the act stealing hundreds of thousands of dollars in merchandise, lawmakers expressed concern and are introducing a number of bills in 2024 designed to reduce the number of property crimes.
Additionally, Assembly Speaker Asm. Robert Rivas (D-Hollister) created a Select Retail Theft Committee that met for the first time in December to hear from stakeholders and gather data related to the shoplifting problem.
Legislators also requested a report from the Little Hoover Commission—an independent panel tasked with providing analytical reviews of issues for lawmakers—with two hearings conducted late last year and more planned for Jan. 25 and Feb. 8.
As for Mr. McCarty’s new bill, the measure is awaiting an Assembly Rules Committee hearing—on a date to be determined—and subsequent committee assignments, with progress expected in the coming weeks.
Options for lawmakers, however, are limited because Prop. 47 was a voter initiative. Legislators say they’re looking for solutions that don’t impact the ballot measure, as voter approval is required for any substantive changes.
