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CC SR 20240521 E - Retail Theft Legislation CITY COUNCIL MEETING DATE: 05/21/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to take positions on certain retail theft and shoplifting legislation being considered by state law makers. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign position letters in support of Assembly Bill (AB) 1772 (Retail Theft and Shoplifting); AB 2943 (Shoplifting); AB 1960 , AB 1990, AB 2814, AB 3209, and Senate Bill (SB) 1242 (Retail Theft Enforcement and Enhancement Legislation); AB 1802, AB 1972, and SB 982 (Organized Retail Theft Legislation); AB 1779 and AB 1794 (Retail Theft Aggregation and Multi-Jurisdictional Legislation); and, AB 1845, SB 1144, SB 1381, and SB 1416 (Retail Theft Resale of Stolen Goods Legislation) FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Shaunna Hunter, Senior Administrative Analyst REVIEWED BY: Same as Below APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. AB 1772 - Retail Theft and Shoplifting (Page A-1) B. AB 2943 – Shoplifting (Page B-1) C. AB 1960, AB 1990, AB 2814, AB 3209, and SB 1242 - Retail Theft Enforcement and Enhancement Legislation (Page C-1) D. AB 1802, AB 1972, and SB 982 - Organized Retail Theft Legislation (Page D-1) E. AB 1779 and AB 1794 - Retail Theft Aggregation and Multi-Jurisdictional Legislation (Page E-1) F. AB 1845, SB 1144, SB 1381, and SB 1416 - Retail Theft Resale of Stolen Goods Legislation (Page F-1) 1 BACKGROUND: Over the last several years, organized retail theft and shoplifting has been a growing concern facing local cities, communities, retailers, and law enforcement. Organized Retail Crime is characterized by organized criminal groups that steal property with t he intent to sell and distribute or return stolen merchandise for value. Organized Retail Crime takes many forms – from coordinated thefts of specific goods to orchestrated, brazen attacks on local retailers. The City, like most cities in California, has seen an uptick in retail thefts in recent years and continues to partner with the Los Angeles County Sheriff’s Department (Lomita Station) to deter the activity through increased presence and patrol including utilizing added City resources for overtime presence in our commercial centers. Due to the challenges with current laws, the California State Legislature has introduced several retail theft measures that would strengthen public safety, protect shoppers and businesses, and improve the quality of life throughout the state. Cal Cities has taken support positions on sixteen (16) bills that are moving through the legislative process in hopes of an impactful change on the retail theft and shoplifting issues. The City and its state lobbyist, RPPG, have been monitoring proposed bills pursuant to the Council-adopted 2024 Legislative Platform and are asking the City Council to consider taking support positions on certain retail theft bills as requested by Cal Cities. DISCUSSION: Several newly proposed California bills aimed at modifying current measures related to theft, shoplifting, repeated offensives for associated crimes, and penalty enhancements are moving through the California State Legislature, and cities are being asked b y Cal Cities to provide letters of support. Based on the 2024 Legislative Platform, Staff has drafted support position letters for the City Council’s consideration on the following pending retail theft legislation (the links below direct the reader to Cal Cities’ bill analysis, proposed bill language and tracking): Theft / Shoplifting AB 1772 (Ramos) Theft. This bill would require the Department of Justice to conduct a study to determine the number of misdemeanor convictions for a theft offense when property was taken from a retail business during the COVID-19 state of emergency. AB 2943 (Zbur and Rivas) Shoplifting. AB 2943 would make several changes to retail theft, organized retail theft, and shoplifting. Specifically, this bill: • Creates a new crime and penalty for retail theft including shoplifting, theft, or burglary for those who are repeat offenders. • Provides that charges may be filed in multiple jurisdictions. • Allows for the aggregation of certain offenses. 2 • Increases the terms of probation from 1 year to 2 years. • Clarifies the ability of police to arrest without witnessing the crime based on a witness statement or video surveillance footage. • Extends the sunset date on the organized retail theft statute until 2031. Retail Theft Enforcement and Enhancement Legislation These bills propose several methods to increase enforcement tools on the front end of the criminal justice system and increase the penalties on the back end. The proposals include increasing ongoing funding of local and statewide enforcement programs, improving law enforcement powers and arrest authority, creating new offenses, and adding sentencing enhancements for felonious offenses of retail theft. AB 1960 (Soria) Sentencing enhancements: property loss AB 1990 (Carrillo) Criminal procedure arrests AB 2814 (Low) Crimes: unlawful entry: intent to commit package theft AB 3209 (Berman) Crimes: theft: retail theft restraining orders SB 1242 (Min) Crimes: fires Organized Retail Theft Legislation These bills confront the issue of organized retail theft by requiring the Regional Property Crimes Task Force to help railroad police combat organized theft of merchandise stolen from a merchant’s cargo and eliminating the sunset date for organized retail theft. AB 1802 (Jones-Sawyer) Crimes: Organized Theft AB 1972 (Alanis) Regional Property Crimes Task Force SB 982 (Wahab) Crimes: organized theft Aggregation of Retail Theft and Jurisdiction Legislation These bills propose several methods of ensuring and clarifying the process of multi - jurisdictional prosecution, as well as aggregation of multiple theft incidents with several victims. AB 1779 (Irwin) Theft: jurisdiction AB 1794 (McCarty) Crimes: larceny Retail Theft Resale of Stolen Goods Legislation These bills propose several methods of addressing the resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft. AB 1845 (Alanis) Crimes: Grant program for identifying, apprehending, and 3 prosecuting resale of stolen property SB 1144 (Skinner) Online Marketplaces SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force SB 1416 (Newman) Sentencing enhancements: sale, exchange or return of stolen property CONCLUSION: Staff recommends the City Council authorize the Mayor to sign the attached letters supporting various bills to strengthen retail theft and shoplifting legislation being considered by state law makers. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not authorize one or any combination of the attached support letters and provide further direction. 2. Take other action, as deemed appropriate. 4 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV May 21, 2024 Via Email The Honorable James Ramos Member, California State Assembly 1021 O Street, Suite 8310 Sacramento, CA 95814 SUBJECT: Notice of Support for AB 1772 Dear Assemblymember Ramos: The City of Rancho Palos Verdes supports AB 1772 (Ramos), which would require the Department of Justice to conduct a study to determine the number of misdemeanor convictions for theft offenses when property was taken from a retail business during the COVID-19 state of emergency. As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglaries is at the highest rate since 2008. In fact, according to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties. Rising theft is impacting every corner of California, and city officials need additional tools to reduce crime and improve the safety of their neighborhoods. This bill would require the Department of Justice on January 1, 2026 to report to the Legislature the number of misdemeanor convictions for retail theft during the Governor’s declared state of emergency during the COVID-19 pandemic. This would allow the Legislature to identify the rate of convictions misdemeanor retail theft offenses during a time related to a surge of theft rates. While AB 1772 (Ramos) is important to continuing to make progress on retail theft, this bill is only one part of a comprehensive solution that needs to include prevention, enforcement, and supervision. Identifying the rate of theft in comparison to the rate of conviction is just one of the methods that can help solve this growing problem and make our communities Safer. For these reasons, the City of Rancho Palos Verdes supports AB 1772 (Ramos). Sincerely, John Cruikshank Mayor cc: Buffy Wicks, Chair, Assembly Appropriations Committee Al Muratsuchi, Assemblymember, 66th Assembly District Ben Allen, Senator, 24th State Senate District Jeff Kiernan, Cal Cities Marcel Rodarte, California Contract Cities Association Sharon Gonsalves, Renne Public Policy Group Rancho Palos Verdes City Council and City Manager A-1 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV May 21, 2024 Via Email The Honorable Rick Zbur Member, California State Assembly 1021 O Street, Suite 4250 Sacramento, CA 95814 SUBJECT: Notice of Support (if amended) for AB 2943 Dear Assemblymember Zbur: The City of Rancho Palos Verdes supports, if amended, AB 2943 which would make several changes to retail theft, organized retail theft, and shoplifting. Specifically, AB 2943 would make the following changes to statute: • Create a new crime and penalty for retail theft including shoplifting, theft or burglary, for those that are repeat offenders. • Provide charges that may be filed in multiple jurisdictions. • Allow for the aggregation of certain offenses. • Increase the terms of probation from 1 year to 2 years. • Clarify the ability for police to arrest without witnessing the crime. • Extend the sunset date on the organized retail theft statute until 2031 The City of Rancho Palos Verdes is in support of many of the provision in AB 2943, however, the City Council requests the following clarifications in order for the measure to be as comprehensive as possible: • Include provisions in the aggregation section which currently provides for a common scheme or plan to be used to also reference the rule set forth in People v Bailey and cases related to multiple thefts. As currently written, this section does not adequately address the case law and therefore could result in the inability for prosecutors to aggregate multiple offenses. • Add an amendment to the ability to the arrest section to include the ability for police to use unsworn statements taken from one or more persons when these statements B-1 Assemblymember Rick Zbur May 21, 2024 Page 2 demonstrate probable cause to believe that the person to be arrested committed the violation. • Clarify that the successful completion of probation should be determined by the probation-supervising court. We would like to thank you for your leadership on this critical issue. The City of Rancho Palos Verdes looks forward to additional amendments and provisions to ensure that AB 2943 is as robust as possible. For these reasons, the City of Rancho Palos Verdes supports AB 2943 if amended. Sincerely, John Cruikshank Mayor cc: Buffy Wicks, Chair, Assembly Appropriations Committee Al Muratsuchi, Assemblymember, 66th Assembly District Ben Allen, Senator, 24th State Senate District Jeff Kiernan, Cal Cities Marcel Rodarte, California Contract Cities Association Sharon Gonsalves, Renne Public Policy Group Rancho Palos Verdes City Council and City Manager B-2 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV May 21, 2024 Via Email Honorable Marc Berman Member, California State Assembly 1021 O Street, Suite 8130 Sacramento, CA 95814 Honorable Wendy Carrillo Member, California State Assembly 1021 O Street, Suite 5620 Sacramento, CA 95814 Honorable Evan Low Member, California State Assembly 1021 O Street, Suite 6110 Sacramento, CA 95814 Honorable Esmerelda Soria Member, California State Assembly 1021 O Street, Suite 4110 Sacramento, CA 95814 Honorable Dave Min Member, California State Senate 1021 O Street, Suite 6710 Sacramento, CA 95814 SUBJECT: Notice of Support for AB 1960, AB 1990, AB 2814, AB 3209 and SB 1242 (Min) - Retail Theft Enforcement and Enhancement Legislation Dear Members of the Legislature: A top priority in the City of Rancho Palos Verdes is keeping our community safe and addressing the issue of crime. Our City is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Rancho Palos Verdes would like to identify a few bills that we believe will help to address the critical issue of organized retail theft. As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the Public Policy Institute of California, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods. There are reforms needed to ensure that both apprehension rates of offenders improve and that those apprehended for more serious theft offenses meet meaningful consequences. Specifically, there are a several bills that would address these necessary reforms through increasing the certainty and severity of apprehension for retail theft offenses. Therefore, we C-1 Assemblymembers Berman, Carillo, Low, and Soria, and Senator Min May 21, 2024 Page 2 support the following bills: • AB 1960 (Soria) Sentencing Enhancements: Property Loss (As Introduced on 1/29/2024) • AB 1990 (Carrillo) Criminal Procedure: Arrests: Shoplifting (As Amended on 4/16/2024) • AB 2814 (Low) Crimes: Unlawful Entry: Intent to Commit Package Theft (As Introduced on 2/15/2024) • AB 3209 (Berman) Crimes: Theft: Retail Theft Restraining Orders (As Amended on 4/1/2024) • SB 1242 (Min) Crimes: Fires (As Amended on 3/19/2024) These bills propose several methods of increasing enforcement tools on the front end of our criminal justice system and increasing the penalties on the back end. These methods range from increasing ongoing funding of local and statewide enforcement programs, improving law enforcements’ powers and arrest authority, creating new offenses, and adding sentencing enhancements for felonious offenses of retail theft. While these individual bills are important to continuing to make progress on retail theft, these bills are only one part of a comprehensive solution that needs to include prevention, enforcement, and supervision. Addressing enforcement tools and increased penalties are some of the methods that can help solve this growing problem, however additional changes are needed in order to make our communities safer. For these reasons, the City of Rancho Palos Verdes supports AB 1960 (Soria), AB 1990 (Carrillo), AB 2814 (Low), AB 3209 (Berman), and SB 1242 (Min). Sincerely, John Cruikshank Mayor cc: Buffy Wicks, Chair, Assembly Appropriations Committee Anna Caballero, Chair, Senate Appropriations Committee Al Muratsuchi, Assemblymember, 66th Assembly District Ben Allen, Senator, 24th State Senate District Jeff Kiernan, Cal Cities Marcel Rodarte, California Contract Cities Association Sharon Gonsalves, Renne Public Policy Group Rancho Palos Verdes City Council and City Manager C-2 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV May 21, 2024 Via Email The Honorable Reggie Jones-Sawyer Member, California State Assembly 1021 O Street, Suite 6320 Sacramento, CA 95814 The Honorable Juan Alanis Member, California State Assembly 1021 O Street, Suite 4640 Sacramento, CA 95814 The Honorable Aisha Wahab Member, California State Senate 1021 O Street, Suite 7330 Sacramento, CA 95814 SIBJECT: Notice of Support for AB 1802, AB 1972 and SB 982 Dear Members of the Legislature: A top priority in the City of Rancho Palos Verdes is keeping our community safe and addressing the issue of crime. Our City is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Rancho Palos Verdes would like to identify a few bills that we believe will help to address the critical issue of organized retail theft. As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the Public Policy Institute of California, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods. Specifically, regarding organized retail theft, there are a handful of bills that seek changes to existing law to help address the increase in “smash and grab” robberies and other organized efforts that continue to happen at an alarming rate in our communities statewide. D-1 Assemblymembers Jones-Sawyer and Alanis, and Senator Wahab May 21, 2024 Page 2 Therefore, we support the following bills: - AB 1802 (Jones-Sawyer) Crimes: Organized Theft (As Amended on 4/1/2024) - AB 1972 (Alanis) Regional Property Crime Task Force (As Introduced on 4/11/2024) - SB 982 (Wahab) Crimes: Organized theft (As Amended on 4/1/2024) These bills confront the issue of organized retail theft by requiring the Regional Property Crimes Task Force to assist railroad police in combatting organized theft of merchandise stolen from a merchant’s cargo and eliminating the sunset date for organized retail theft. For these reasons, the City of Rancho Palos Verdes supports AB 1802 (Jones-Sawyer), AB 1972 (Alanis) and SB 982 (Wahab). Sincerely, John Cruikshank Mayor cc: Buffy Wicks, Chair, Assembly Appropriations Committee Anna Caballero, Chair, Senate Appropriations Committee Al Muratsuchi, Assemblymember, 66th Assembly District Ben Allen, Senator, 24th State Senate District Jeff Kiernan, Cal Cities Marcel Rodarte, California Contract Cities Association Sharon Gonsalves, Renne Public Policy Group Rancho Palos Verdes City Council and City Manager D-2 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV May 21, 2024 Via Email The Honorable Jackie Irwin Member, California State Assembly 1021 O Street, Suite 6220 Sacramento, CA 95814 The Honorable Kevin McCarty Member, California State Assembly 1021 O Street, Suite 5610 Sacramento, CA 95814 SUBJECT: Notice of Support for AB 1779 and AB 1794 Dear Assemblymembers Irwin and McCarty: A top priority in the City of Rancho Palos Verdes is keeping our community safe and addressing the issue of crime. Our City is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Rancho Palos Verdes would like to identify a few bills that we believe will help to address the critical issue of organized retail theft. As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the Public Policy Institute of California, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods. It has become common for offenders to try to avoid higher charges, such as grand theft, by stealing small amounts of items they know are under $950 across several retail businesses. Current law provides that multiple thefts can be aggregated to one charge if these incidents can be proven to be “one intention, one general impulse, and one plan.” Unfortunately, this law is limited in scope and Cal Cities strongly believes it needs strengthening. Improved aggregation laws for multiple incidents of theft will not be helpful without active prosecution of cases across several jurisdictions. Expanding coordination and abilities of E-1 Assemblymembers Irwin and McCarty May 21, 2024 Page 2 District Attorneys to work together to prosecute theft offenses that occur in several counties will ensure offenders are held accountable. Therefore, we support the following bills: - AB 1779 (Irwin) Theft: Jurisdiction (As Amended on 4/25/2024) - AB 1794 (McCarty) Crimes: Larceny (As Amended on 4/11/2024) These bills propose several methods of ensuring and clarifying the process of multi- jurisdictional prosecution as well as aggregation of multiple theft incidents with several victims. For these reasons, the City of Rancho Palos Verdes supports both AB 1779 (Irwin) and AB 1794 (McCarty). Sincerely, John Cruikshank Mayor cc: Buffy Wicks, Chair, Assembly Appropriations Committee Al Muratsuchi, Assemblymember, 66th Assembly District Ben Allen, Senator, 24th State Senate District Jeff Kiernan, Cal Cities Marcel Rodarte, California Contract Cities Association Sharon Gonsalves, Renne Public Policy Group Rancho Palos Verdes City Council and City Manager E-2 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV May 21, 2024 Via Email The Honorable Mike McGuire President Pro Tempore, California State Senate 1021 O Street, Suite 8518 Sacramento, CA 95814 The Honorable Josh Newman Member, California State Senate 1021 O Street, Suite 6520 Sacramento, CA 95814 The Honorable Nancy Skinner Member, California State Senate 1021 O Street, Suite 8630 Sacramento, CA 95814 The Honorable Juan Alanis Member, California State Assembly 1021 O Street, Suite 4640 Sacramento, CA 95814 SUBJECT: Notice of Support for SB 1144, SB 1381, SB 1416, and AB 1845 Dear Members of the Legislature: A top priority in the City of Rancho Palos Verdes is keeping our community safe and addressing the issue of crime. Our City is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Rancho Palos Verdes would like to identify a few bills that we believe will help to address the critical issue of organized retail theft. As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the Public Policy Institute of California, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods. The rising rate of theft offenses such as commercial burglary necessitate viable resale operations of those stolen goods such as fencing location or the use of online third-party marketplaces. Reducing the ease with which stolen items can be resold through these secondary operations is a critical step in providing any comprehensive solution to the issue of retail theft. SB 301 (Skinner, 2023) attempted to address this issue by requiring reporting by high-volume third-party sellers utilizing online marketplaces. However, there were some F-1 Senators McGuire, Newman, and Skinner, and Assemblymember Alanis May 21, 2024 Page 2 gaps noted in this legislation and the federal legislation that still need to be addressed. Therefore, we support the following bills: • AB 1845 (Alanis) Crimes: Grant Program for Identifying, Apprehending, and Prosecuting Resale of Stolen Property (As Amended on 2/21/2024) • SB 1144 (Skinner) Marketplaces: Online Marketplaces (As Amended on 4/4/2024) • SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force (As Amended on 3/20/2024) • SB 1416 (Newman) Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property (As Amended on 4/16/2024) These bills propose several methods of addressing resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft. For these reasons, the City of Rancho Palos Verdes supports AB 1845 (Alanis), SB 1144 (Skinner), SB 1381 (McGuire), and SB 1416 (Newman). Sincerely, John Cruikshank Mayor cc: Buffy Wicks, Chair, Assembly Appropriations Committee Anna Caballero, Chair, Senate Appropriations Committee Kevin McCarty, Chair, Assembly Committee on Public Safety Al Muratsuchi, Assemblymember, 66th Assembly District Ben Allen, Senator, 24th State Senate District Jeff Kiernan, Cal Cities Marcel Rodarte, California Contract Cities Association Sharon Gonsalves, Renne Public Policy Group Rancho Palos Verdes City Council and City Manager F-2