Retail Theft Package
and Proposition 36
Recently, Gov. Gavin Newsom signed a 10-bill package addressing retail theft. The table below compares Proposition 36 — the ballot initiative sponsored by the District Attorneys that would make changes to Proposition 47 — with the retail theft package signed by the Governor.
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)
RELEVANT BILL
NUMBERS
Fentanyl
Fentanyl
possession with
firearm
Adds to list of
crimes with
penalties of 2, 3, or
4 years in prison.
Not in package.
Fentanyl
increasing
penalties
Increases penalties
from 2 to 20 years
depending on the
amount.
Not in package.
Treatment
mandated
felony
Creates a new
crime for hard drug
possession with
tiered penalties up
to 25 years.
Not in package.
Retail Theft
Aggregation Provides that any
case involving one
or more acts of
theft or shoplifting
may be
aggregated into a
single count or
charge.
Not in package.
Auto theft Does not address
this issue.
Closes the loophole
under existing law
regarding locked cars.
SB 905 (Wiener)
Cargo theft Does not address
this issue.
Adds cargo theft to the
Regional Property Crime
Task Force operated by
the CHP.
AB 1972 (Alanis)
Fencing Does not address
this issue.
Expands existing law for
online marketplaces to
report high-volume sellers
to law enforcement.
SB 1144 (Skinner)
Fires Does not address
this issue.
Makes it a factor in
aggravation if an offense
SB 1242 (Min)
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)
RELEVANT BILL
NUMBERS
was carried out in a
merchant’s premises to
commit retail theft.
Increased
penalties
Increases penalty
enhancements for
property crimes for
up to 4 years and
allows the court to
impose
enhancements
with another single
count.
Increases penalty
enhancements for resale
of property or stolen
property in the
commission of a felony for
up to 4 years and allows
the court to impose
enhancements with
another single count. No
changes to Proposition
47. AB 1960 (Rivas)*;
SB 1416
(Newman)
Multi-
jurisdictional
offenses
Does not address
this issue.
Allows local jurisdictions to
file charges that deal with
offenses across county
lines.
AB 1779 (Irwin)
Organized retail
theft
Several provisions
related to acting in
concert and
increasing
penalties for
organized retail
theft. However, it
does not address
the sunset date of
the statute. (Does
not amend the
same code section
as the legislative
bills).
Removes the sunset
clause on the organized
retail theft statute.
AB 1802 (Jones-
Sawyer);
SB 982 (Wahab)
Police ability to
arrest
Does not address
this issue.
Provides that under
certain circumstances
police can arrest without
a warrant.
AB 2943 (Zbur)
Probation Does not address
this issue.
Provides that the term of
probation for shoplifting
or petty theft would be
two years.
AB 2943 (Zbur)
Repeat
offenders
An offender with
two prior
convictions of
petty theft or
shoplifting can be
Creates a new crime for
shoplifting which can be
charged as a felony but
does not change the
threshold amount of $950.
AB 2943 (Zbur)
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)
RELEVANT BILL
NUMBERS
charged with a
felony regardless of
value. Amends
Proposition 47.
Restraining
orders
Does not address
this issue.
Creates the Retail Theft
Restraining Order for
repeated attempts of
shoplifting which can be
requested by city
attorneys, retailers, or
district attorneys.
AB 3209
(Berman)
Retailers –
nuisance
action
Does not address
this issue.
Prohibits local
government and law
enforcement from
threatening or filing
nuisance complaints
against retailers for
reporting crime.
AB 2943 (Zbur)
*AB 1960 (Rivas) is currently pending on the Governor’s desk.