Vehicle break-ins targeted by California and Missouri bills

Bills in two statehouses would revise rules that cover a growing crime concern – unlawful entry into vehicles.

In California, a Senate bill would simplify prosecution for break-ins of commercial vehicles and personal vehicles.

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 auto burglary, prosecutors are required to prove beyond a reasonable doubt that the vehicle was locked. The rule includes a requirement that victims physically come to court to testify the vehicle was locked.

Sen. Scott Weiner, D-San Francisco, is once again behind a bill to close the “nonsensical locked door loophole” when prosecuting cases involving vehicle break-ins.

SB905 would do away with the requirement to prove a vehicle door was locked. Instead, forcible entry of a vehicle would be sufficient to prove the crime.

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

Weiner 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.

“A victim of auto burglary should not be asked to testify that they locked the door. It’s simply not relevant,” Weiner said in prepared remarks. “By making clear cases of auto break-in easier to prosecute, SB905 helps make California safer for everyone.”

Third time’s the charm?

This year’s effort marks at least the third attempt from Weiner to get the changes enacted. One hang-up at the statehouse has centered on prison time.

And the Senate Appropriations Committee stopped one attempt to get the legislation to the chamber floor. At the time, comments provided by the committee showed that creating a new term of incarceration could result in an increase in prison terms. The panel added the result would be an exacerbation of prison overcrowding.

SB905 is in the Senate Rules Committee.

Missouri

A related pursuit is underway at the Missouri statehouse.

Rep. Jim Murphy, R-St. Louis, is looking to get tough on perpetrators who attempt to commit the crime of vehicle break-ins to multiple vehicles at one time.

Currently, Missouri burglary statute does not cover motor vehicles.

His bill, HB1510, would establish an offense for unlawfully gaining access to motor vehicles. Specifically, the rule would cover successive attempts to gain unlawful entry into any part of a motor vehicle with the intent to commit any felony or theft.

Along with adding vehicles to burglary statute, the crime bill would increase penalties. Penalties also would be increased for individuals who attempt to break into multiple vehicles. Additional penalties would be included for possessing a firearm during the act.

Although the focus of the bill is individuals who attempt to enter multiple vehicles in residential areas, the rule also would cover attempts to enter vehicles in other areas including parking lots.

Bill supporters say the legislative pursuit would not stop burglary occurrences but should be paired with law enforcement and prosecution.

Doug Morris, OOIDA director of state government affairs, said the Association supports legislation to enhance penalties or deter criminals from targeting truck drivers and/or their trucks.

Increasing punishment

Offenses covered in Murphy’s crime bill would be classified as either class C or E felonies.

A new nonviolent class E felony would cover vehicle break-ins. The bill’s fiscal note reports the average sentence for class E felonies is about two years behind bars.

HB1510 also would create a class C felony of burglary in the second degree involving a motor vehicle while possessing a firearm. The average sentence for the new felony would be about three-and-a-half years behind bars.

The bill is in the House Crime Prevention and Public Safety Committee. LL

More Land Line coverage of news from California and Missouri is available.