NEW CALIFORNIA LAW FOR 2025: FOCUS ON RETAIL THEFT.

NEW CALIFORNIA LAW FOR 2025: FOCUS ON RETAIL THEFT – The Californian 2025 Q1.

Barry A. Bradley, Esq., Bradley, Gmelich + Wellerstein, CALSAGA Legal Advisor

Increased Penalties and Easier Prosecution For Retail Theft

Receiving the message loud and clear, the California legislature passed a sweeping set of new laws aimed at deterring criminal conduct.  By enhancing the ability to charge offenders and significantly easing cross-jurisdictional prosecutions, California seeks to address the frustration felt by communities and retailers alike. This legislative overhaul aims to restore order and ensure that criminal behavior is met with appropriate consequences.

Simplifying Prosecution of Retail Theft:

One of the cornerstones of this legislative package is Assembly Bill 2943, designed to facilitate the prosecution of retail theft offenses by allowing for the aggregation of losses to meet the felony threshold. Under this bill, individuals can face felony charges if they commit multiple thefts totaling over $950, even if these crimes occur against different victims or in varying locations.  Here are some key provisions:

  • Grand Theft Charge: Previously, an individual could be charged with grand theft if property taken surpassed $950 in related acts. The new law clarifies that these acts can occur across multiple victims or counties.
  • Possession of Unlawfully Acquired Goods: It becomes a crime to possess items obtained unlawfully if not for personal use, especially if intended for resale. The $950 felony threshold remains, but now includes goods aggregated over two years.
  • Warrantless Arrests: Law enforcement officers now have the authority to perform warrantless arrests for misdemeanor shoplifting, given probable cause, even if the crime wasn’t directly witnessed in their presence.

Expanding Legal Tools:

  • Assembly Bill 1779:This bill facilitates the aggregation of theft offenses across different jurisdictions, streamlining the process of pursuing charges against offenders operating in multiple locales.
  • Senate Bill 905: It establishes entering an unlocked vehicle with the intent to commit theft as a criminal act. This provision aims to close loopholes previously exploited by individuals targeting vehicles.

Leave a Reply

Your email address will not be published. Required fields are marked *