AGENDA REPORT
Meeting Date: July 16, 2024
Item Number:
To: Honorable Mayor and City Council
From: Cynthia Owens, Municipal Affairs Program Manager
Subject: RECONSIDERATION OF THE CITY’S ADOPTED POSITION OF SUPPORT ON SENATE BILL 1381(MCGUIRE) PROPERTY CRIMES:
REGIONAL PROPERTY CRIMES TASK FORCE
Attachments: None
RECOMMENDATION
Staff recommends the City Council reconsider the City’s adopted position of support on Senate Bill 1381 due to recent amendments made to the bill.
INTRODUCTION
On Monday, July 1, 2024, the Democrats in Sacramento significantly amended (McGuire) Property crimes: regional property crimes task force (SB 1381) to SB 1381 (Wahab) Crime, becoming the vehicle by which the state legislature could place a crime related proposition on the November 5, 2024 ballot. Two days later, the proposition was removed from the November 2024 ballot. While Senate Bill 1381 is currently not moving in Sacramento, the City Council needs to take formal action on the City’s position for SB 1381 due to the significant amendments.
DISCUSSION
On May 24, the City Council Legislative / Lobby Liaison Committee (“Committee”) consisting of Vice Mayor Nazarian and Councilmember Mirich, met to discuss a variety of federal and state legislative bills. One of the bills considered was SB 1381. As presented to the Committee, this bill created a regional property crime task force. The Committee recommended the City take a position of support on SB 1381. On June 18, the City Council concurred with the Committee’s recommendation and voted to support SB 1381.
During the last week of June, Senate President Pro Tem Mike McGuire announced the state legislature was extending its June 27 deadline to add bonds to the November 2024 general election ballot to July 3. The Secretary of State’s Office confirmed lawmakers Meeting Date: July 16, 2024
could waive a portion of the California Elections Code to add measures after the statutory deadline of June 27.
On June 30, Senator McGuire announced the state legislature would be adding two $10 billon bond measures to the November 5 ballot, with one bond combatting climate change and another seeking fund for educational facilities modernization.
Additionally, on June 30, SB 1381 was gutted and amended to become SB 1381 (Wahab) Crime, which contained a proposed ballot measure by the state legislature for the November 5 election.
The table below summarizes the major provisions in each version of SB 1381. This table is not an exhaustive list of what is contained in each version.
Provides of SB 1381 – McGuire
(Pre June 30)
Provisions of SB 1381 – Wahab
(Post June 30)
SUMMARY: Adds the sale of stolen
goods to the Retail Theft Prevention
Program’s list of crimes that the regional
property crimes task force, which is
administered by the Department of
Highway Patrol (CHP), should investigate.
SUMMARY: Changes the cost saving
formula for the Safe Neighborhoods and
School Fund to give more money for
mental health and substance abuse
treatment; increases the penalty for selling,
furnishing, administering, or giving away
fentanyl; requires a warning to person
convicted of trafficking fentanyl that they
could face murder charges if they provide
fentanyl to someone who later dies of a
drug overdose; expands the circumstances
when acts of theft of property, money, or
labor can be aggregated for the purpose of
determining the degree of theft; and
reinstates the crime of petty theft with a
prior.
Requires CHP, in coordination with the
Department of Justice (DOJ), to convene a
regional property crimes task force to
assist local law enforcement in counties
identified by CHP as having elevated
levels of property crime, including but not
limited to, organized retail theft, vehicle
burglary and theft of vehicle parts and
accessories.
Changes the disbursement formula for the
Safe Neighborhoods and Schools Fund by
increasing the percentage going to the
Board of State and Community Corrections
for a grant program supporting mental
health treatment, substance abuse
treatment and diversion programs for
people in the criminal justice system from
65% to 75%; and, by decreasing the
percentage going to the State Department
of Education for a grant program aimed at
improving outcomes for public school
pupils in kindergarten and grades 1
through 12 by reducing truancy and
supporting students who at risk of dropping
out of school or victims of crime from 25%
to 15%.
Instructs the regional property crimes task
force to provide local law enforcement in
the identified region with logistical support
Provides that a person who sells,
furnishes, administers, or gives away any
mixture of controlled substances
Meeting Date: July 16, 2024
and other law enforcement resources,
including, but not limited to, personnel and
equipment, as determined to be
appropriate by the CHP commissioner in
consultation with task force members.
containing fentanyl, knowing fentanyl to be
present within the mixture, unbeknownst to
the purchaser or recipient, and without
disclosing that presence to the purchaser
or recipient, shall be punished by
imprisonment for a term of four, five, or six
years in county jail, unless otherwise
specified.
Divides theft into two degrees, petty theft
and grand theft. (Pen. Code, § 486.)
Defines “grand theft” as when the money,
labor, or real or personal property taken is
of a value exceeding $950 dollars or when
the property is taken from a person, or
when the property stolen is an automobile
or firearm. (Pen. Code, § 487)
Defines “petty theft” as obtaining any
property by theft where the value of the
money, labor, or real or personal property
taken does not exceed $950. (Pen. Code,
§ 490.2, subd. (a).)
Requires the court to advise a person who
is convicted of, or who pleads guilty or no
contest to, a specified violation for
transporting, importing, selling, or
administering a controlled substance,
offering to transport, import, sell, or
administer a controlled substance, or
attempting to transport, import, sell, or
administer a controlled substance, where
the substance contained fentanyl or a
fentanyl analog, that they may be charged
homicide, up to and including the crime of
murder, within the meaning of Section 187
of the Penal Code.
Repeals the property crimes task force on
January 1, 2026.
Deletes existing provisions regarding the
aggregation the value of property, money,
labor over the course of distinct but related
acts for the purpose of determining the
degree of theft.
Establishes that a person who commits
any of the following acts is guilty of
organized retail theft:
a) Acts in concert with one or more
persons to steal merchandise from one
or more merchant’s premises or online
marketplace with the intent to sell,
exchange, or return the merchandise
for value.
b) Acts in concert with two or more
persons to receive, purchase, or
possess merchandise as described,
knowing or believing it to have been
stolen.
c) Acts as an agent of another individual
or group of individuals to steal
merchandise from one or more
merchant’s premises or online
marketplaces as part of an organized
plan to commit theft.
Provide that, in any case involving one or
more acts of theft or shoplifting, as
specified, when the acts occurred within
three years of each other, the value of the
money, labor, real property, or personal
property taken or merchandise stolen may
be aggregated in a single count or charge,
with the sum of the value of all money,
labor, property, or merchandise being the
value considered in determining the
degree of theft. Aggregation may only be
applied to theft or shoplifting offenses for
which a conviction has not occurred.
Increases the penalties for theft and
shoplifting if the person commits multiple
offenses in a specified time frame.
Provides that, in the event that this act and
another initiative measure or measures
relating to the same subject, including by
making any changes to laws enacted or
amended by Proposition 47, appear on the
same statewide ballot, all of the provisions
of the other measure or measures shall be
Meeting Date: July 16, 2024
d) Recruits, coordinates, organizes,
supervises, directs, manages, or
finances another to undertake any of
the acts described, or any other statute
defining theft of merchandise. (Pen.
Code, § 490.4, subd. (a)(1)-(4).)
deemed to be in conflict with this measure.
In the event this measure receives a
greater number of affirmative votes than a
measure deemed to be in conflict with it,
the provisions of this measure shall prevail
in their entirety, and the provisions of the
other measure or measures shall be null
and void.
Two days after introducing the amended version of SB 1381, the state legislature decided to pull this item off of the November 2024 ballot. While the bill is currently not moving in Sacramento and most likely is considered dead for the rest of the legislative session, it is recommended the City Council reconsider whether or not to remain in support of SB 1381 or provided other direction to staff on this bill.
FISCAL IMPACT
The fiscal impact to the City is unknown. Most likely there is little to no fiscal impact should SB 1381 become law.
Keith Sterling,
Deputy City Manager
Approved By