California vehicle crime bill nears passage

A crime bill moving through the California Assembly is aimed at simplifying the prosecution of break-ins for passenger vehicles and commercial vehicles.

The Owner-Operator Independent Drivers Association supports legislation to enhance penalties or deter criminals from targeting truck drivers and/or their trucks.

State law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony.

To convict a suspect of vehicle burglary, prosecutors must prove beyond a reasonable doubt that the car or truck was locked. The rule includes a requirement that victims physically come to court to testify the vehicle was locked.

Sen. Scott Wiener, D-San Francisco, is behind the renewed effort. He said the requirement to prove the vehicle door is locked is an obstacle to bringing burglars to justice when prosecutors try an auto burglary case.

“The level of auto burglary in California is unacceptable,” Wiener said in recent remarks. “We need to remove senseless barriers to tackling it.”

Addressing the loophole

The full Assembly could vote soon on the amended crime bill that is touted to close the “locked door loophole” when prosecuting cases involving vehicle break-ins. The Senate already approved a nearly identical version of the bill.

Wiener said the loophole amounts to a “senseless barrier to holding vehicle burglars accountable.”

His bill, SB905, would remove the requirement to prove a vehicle door was locked. Instead, forcible entry of a car or truck would be enough to prove the crime.

The crime could be charged as either a misdemeanor or a felony.

The bill also covers concern about organized resale of goods stolen from vehicles. Individuals could be prosecuted for possessing more than $950 of stolen goods intended for resale, whether the goods were stolen in one or multiple incidents and whether the individual played the role of thief, middleman or seller.

The Senate passed our legislation to close loopholes that undermine prosecution of car break-ins.

Under current law, it’s not enough simply to prove someone broke into a car. The DA also must prove the doors were locked.

SB 905 closes that loophole.

— Senator Scott Wiener (@Scott_Wiener) May 22, 2024

Passage uncertain

SB905 is at least the third attempt in recent years from Wiener to get the changes made to California law. One hang-up for previous attempts has been prison time.

Critics have voiced concern to lawmakers that creating a new term of incarceration could result in increased prison terms. In 2023, a state legislative panel added the result of enacting a rule change would be an exacerbation of prison overcrowding.

If approved by the Senate, SB905 would head back to the Assembly for consideration of changes before moving to the governor’s desk. LL

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