How New Legislation Could Shape Public Safety and Local Authority

Benjamin Garza, a 2024 Ronald O. Loveridge Summer Fellow, recently graduated with a bachelor's in political science from the University of California, Riverside. He can be reached viaLinkedIn.

When California's legislative session resumes on Aug. 5, lawmakers will be voting on bills with far-reaching impacts - from improving public safety to reducing rising retail theft. Cal Cities is backing several measures that would bolster local autonomy and community safety, and pushing back on a bill that would inhibit cities' ability to purchase affordable, best-in-class public safety equipment. Here are the top measures cities should watch that could directly affect city budgets and residents' quality of life.

From Shattered Glass to Safe Shopping: Bills Against Retail Theft

The Legislature introduced a whopping 30 bills in the first half of this year's legislative session that seek to address the spike in retail theft. But, last-minute political maneuvering and dealmaking in the waning days before summer recess whittled down the package. The now 11-bill package would reduce retail theft by addressing cross-jurisdictional issues, reducing repeat offenses, enhancing penalties, and cracking down on online fencing.

Legislators hope to enact comprehensive reform mostly through AB 2943 (Rivas and Zbur). This measure would allow police to arrest suspects without witnessing the crime, prohibit a nuisance action against a retailer for reporting crime, provide diversion programs, and increase the time under probation. However, the bill no longer includes the critical provision that creates a new crime targeting "serial" retail thieves or the multi-county aggregation provision that allows prosecutors to combine retail theft crimes under one offense.

Cal Cities will support the measure if the authors reinstate these provisions and change the bill to align with case law (People v. Bailey), allow police to use unsworn statements if they demonstrate probable cause, and clarify what successful probation looks like. Cal Cities supports the ten other measures in the legislative package.

Hanging over these discussions is Proposition 36, which would create a deterrent for repeat retail theft offenders and redirect some toward treatment rather than incarceration. The Cal Cities Board of Directors voted earlier this summer to support the initiative, which will be on the ballot in November. Proposition 36 encourages drug treatment and holds repeat retail theft offenders accountable by offering a balanced approach that combines accountability for offenders with vital support for those battling addiction.

Tackling Two Fronts: New Legislation on Cannabis and Fentanyl Control

Lawmakers are also mulling over changes to California's drug laws, and Cal Cities supports several of the proposals. SB 226 (Alvarado-Gil) would make armed possession of fentanyl and other controlled substances an automatic felony. Cal Cities supports the measure.

SB 820 (Alvarado-Gil) would allow local jurisdictions to seize property and vehicles involved in unlicensed commercial cannabis activity - the same laws used for unlicensed alcoholic manufacturing. Cal Cities supports the measure because it addresses a critical issue: the quick recovery of illicit cannabis operations following enforcement actions. By authorizing the civil seizure of property and equipment, SB 820 aims to dismantle the infrastructure that enables these illegal activities. Cal Cities is in support of SB 820.

The Cal Cities-supported AB 2223 (Aguiar-Curry) would establish a lower legal THC level for industrial hemp, require testing, and ensure compliance with tax laws. The measure would also enhance enforcement measures against people who violate the standards. Enforcement efforts are already spread thin across state and local agencies with insufficient resources and competing priorities. Currently, hemp products are allowed to bypass the established regulatory framework for cannabis which includes the taxation of these products. By creating a consistent standard, AB 2223 would promote safe consumption habits, protect the legal market, and help cities manage cannabis-related issues more effectively.

Other bills to watch

Cal Cities is supporting two other enforcement-related measures. would allow city attorneys to independently prosecute misdemeanors related to state law, provided their city council passes an ordinance granting this authority. This measure will allow cities to prioritize misdemeanor offenses that are lower priorities for district attorneys, such as many of the retail theft and shoplifting offenses affecting cities statewide.

SB 1262 (Archuleta) would require county agencies to revoke an individual's post-release supervision if they violate the terms for the third time or commit a new offense. This bill builds on existing law by providing clear guidelines for revocation after repeated violations or new crimes, improving accountability and community safety.

One other bill that will impact cities' ability to secure cost-effect public safety equipment is SB 99 (Umberg) would require police departments to ensure that any military equipment they want to use is not banned by federal law. At first glance, the bill seems reasonable. However, it would also impact many Chinese-made drones commonly used by law enforcement for a range of public safety tasks. Cal Cities is opposed due to its unnecessary restrictions and burdens on local law enforcement agencies and the intrusion on local control.

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