Landmark Legislation to Combat Retail Theft Passes Legislature

For immediate release:

Monday, August 12, 2024

The California Retail Theft Reduction Act, a cornerstone of a pivotal bipartisan legislative package aimed at curbing retail crime, has cleared both houses of the Legislature and now awaits the Governor's signature.

SACRAMENTO, CA - Democratic Caucus Chair Rick Chavez Zbur (D-Hollywood) announced today that AB 2943, the California Retail Theft Reduction Act, successfully passed the Legislature and is on its way to the Governor's desk. Authored by Assembly Speaker Robert Rivas and Assemblymember Zbur, this key bill is part of a groundbreaking seven-bill package designed to address retail crime and related thefts. The Select Committee on Retail Theft, chaired by Assemblymember Zbur and including Principal Coauthors Assemblymembers Juan Alanis, Matt Haney, Liz Ortega, Blanca Pacheco, Cottie Petrie-Norris, and Pilar Schiavo, has been instrumental in advancing this crucial legislation.

Key elements of the California Retail Theft Reduction Act:

• The bill places great emphasis on stopping organized crime rings that are harming our communities. It does this by creating a new crime targeting "serial" retail thieves, with a penalty of up to three years behind bars for possession of stolen property with intent to resell. It also specifies that evidence of intent can include repeated conduct or possession of a quantity of goods inconsistent with personal use; does not require proof that a defendant acted with another person; and applies both to the retail thieves and secondary sellers. This item advances a key component of recommendations released by the Governor's office earlier this year.
• The bill also specifies that the value of thefts from different victims can be aggregated to reach the threshold for grand theft and that the relevant intent standard can be met by evidence that the acts involve the same defendant(s), are substantially similar in nature, or occur within a 90-day period.
• Significantly, the bill helps get at the root cause of theft by expanding the use of diversion and rehabilitative programs like drug court through increased supervision for shoplifting and petty theft, and the opportunity for early discharge from probation if the program is completed.
• It also expands tools for police to arrest for shoplifting based on a witness's sworn statement or video footage of the crime.
• The bill extends the ability of police to keep repeat offenders and those committing organized retail crime in custody.
• Finally, the bill protects businesses and retailers that report retail crime by ensuring they will not have nuisance actions brought against them simply for doing so.

What Assemblymember Rick Chavez Zbur is Saying

"I am thrilled to see AB 2943 advance to the Governor's desk," said Assemblymember Rick Chavez Zbur (D-Hollywood). "This bill tackles some of the significant challenges posed by retail crime, a pressing issue for many in our communities, including shoppers, business owners, workers, and residents. I have heard from countless constituents. They are worried about local retailers at imminent risk of closing their doors, leading to potential job losses and declining neighborhood vitality and blight. They are worried about their safety and the safety of workers as they see more and more cabinets locked up in their neighborhood stores. In developing this legislation, we worked closely with the Speaker's office, the Governor's office, and a diverse range of stakeholders, including retailers, small businesses, law enforcement, workers, community advocates, and other key stakeholders who need solutions now. We recognize the complexity of these issues and the variety of perspectives involved. Our goal was to create effective solutions that address retail crime and stop retail crime rings while preserving criminal justice reforms that make communities safe and avoiding the mass incarceration policies of the past. This bill strikes the right balance and I believe meets the goals we set. I am deeply grateful for the leadership of Speaker Rivas and Governor Newsom, the members of the Assembly Select Committee on Retail Theft and for the collaborative effort of all who contributed to this balanced and effective legislation."

What California Retailers Association President + CEO Rachel Michelin is Saying

"For the past year, the California Retailers Association has worked with Assemblymember Rick Zbur, Chairman of the Select Committee on Retail Theft, and Speaker Rivas on policies to deter retail theft to keep our employees, customers and businesses safe from retail crime," said Rachel Michelin, President + CEO of the California Retailers Association. "Their thoughtful consideration of ideas, suggestions and opinions from diverse groups of stakeholders on these critical policy discussions led to the policies that are included in the California Retail Theft Reduction Act. This bill, coupled with others in the bi-partisan retail theft package, provide balanced, effective and impactful solutions that address many issues facing retailers and can lead to a reduction in retail theft while not returning to the mass incarceration policies of the past. We are very appreciative of Assemblymember Zbur's leadership on this very important issue and we look forward to continuing to work with him on this and other important issues facing the state."

The California Retail Theft Reduction Act takes effect January 1, 2025.

Assemblymember Zbur is available for comment. To schedule an interview, please reach out to Communications Director Vienna Montague at [email protected] or call our office at (916) 319-2051.

Assemblymember Rick Chavez Zbur serves as the Democratic Caucus Chair for the California State Assembly and represents the 51st Assembly District, which includes Universal City, Hollywood, Hancock Park, West Hollywood, Beverly Hills, Westwood, West Los Angeles, Santa Monica, and other portions of Los Angeles.

CONTACT: Vienna Montague, (916) 319-2051, [email protected]