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Tuesday, May 7, 2024 | Back issues
Courthouse News Service Courthouse News Service

California Assembly panel on retail theft meets for first time

Speakers pointed to Proposition 47, saying changes needed to be made to the law in order to curtail crime in the state.

SACRAMENTO, Calif. (CN) — Members of the California Assembly’s Select Committee on Retail Theft didn’t need data telling them that instances of shoplifting in the state had risen — it’s the subject of near-nightly news reports, especially during the holidays.

Assemblymember Cottie Petrie-Norris — an Irvine Democrat — said lawmakers hear about rising retail theft almost daily.

“This is impacting our constituents,” she said.

And the data shows shoplifting has increased in some areas of the state, although not across the board.

The Bay Area saw the highest number of reported shoplifting incidents in the state between 2019 and 2022, according to Magnus Lofstrom, policy director and senior fellow with the Public Policy Institute of California. Commercial burglary also has risen, especially in Bay Area counties and coastal Southern California.

However, commercial burglary, like shoplifting, has dropped in counties with smaller populations.

An increase in crime is one of the main reasons Assembly Speaker Robert Rivas, a Salinas Democrat, formed the select committee, which met Tuesday for the first time. The committee heard from witnesses like Lofstrom, who talked about the data. It also heard from representatives of retailer and worker groups, as well as law enforcement.

At least two other hearings of the committee are expected — one in Los Angeles and the other in the Bay Area.

Proposition 47 was a frequent target during the hearing. Passed by voters in 2014, the measure changes certain nonviolent property crimes into misdemeanors, if the value of stolen items is under $950.

Jeff Kreshek, senior vice president and Western Region president of Federal Realty, said the topic of retail theft is regularly discussed in business calls. Retailers are considering moving locations or closing entirely because of theft.

“Once these decisions are made, they are irreversible,” Kreshek said. “They are permanent.”

According to Kreshek, isolated incidents of theft have evolved over time into brazen and violent events, with little to no consequences when a thief is caught.

“We have created a microculture of anarchy and mayhem,” he added.

Rachel Michelin, president and CEO of the California Retailers Association, emphasized that retailers aren’t exaggerating the impacts of theft. In some cases, thieves have set fires in stores as a distraction.

“Something needs to be done to ensure there are consequences,” Michelin said.

Michelin gave suggestions, some of which would require a vote of the people to change Proposition 47. She asked that the law target repeat offenders and allow prosecutors to combine the total value of stolen items to reach the $950 needed for a felony charge.

“Here in California, retail theft pays, and it pays well,” Michelin said. “Now is time to change that narrative.”

Grass Valley Police Chief Alexander Gammelgard, president of the California Police Chiefs Association, said good conduct credit has increased since Proposition 47’s passage. Some people only serve half of their sentence.

According to Gammelgard, crime increases when people believe they won't be punished for their actions.

Speaking during public comment, Citrus Heights Police Chief Alex Turcotte echoed Gammelgard, saying many people feel as if there are no consequences for retail theft. He said he wants to work with lawmakers and be part of the conversation.

“This is not an easy fix,” Turcotte said. “This is not an easy solution.”

Margo George, with the California Public Defenders Association, said diversion — mental health treatment and housing — have made a difference in her clients’ lives. She also pointed to closing the market for stolen goods on online retailers as a solution.

Stepping into the hearing, Rivas said the Legislature must deliver solutions for retailers and consumers, while maintaining existing criminal justice reforms.

“Retail theft is a top concern,” Rivas said.

Categories / Criminal, Government, Law

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