California aims to close loophole on stolen goods in San Francisco

A new California bill would allow police to issue citations to people selling stolen items on the street in San Francisco.

On Monday, state Sen. Scott Wiener, a Democrat representing parts of San Francisco, unveiled SB 925, which would give police authority to issue citations to people selling commonly stolen items without a permit. San Francisco Mayor London Breed and San Francisco Police Department Chief Bill Scott were also at the press event where Wiener announced the legislation.

“If a person is cited twice for selling these commonly stolen items without a permit, they can be cited with a misdemeanor the third time,” Wiener said.

Wiener’s bill would require the San Francisco Board of Supervisors to create a list of commonly stolen items that are resold. The San Francisco Police Department would then need to check that list before issuing a citation.

“This bill allows the police to be involved specifically around a certain list of items that are commonly stolen that will be developed based on the information of what we have confiscated in the past, and the police can issue citations in that case, ultimately, potentially even a misdemeanor, but it will take the pressure off public works staff whose job is really to enforce permitted vending,” San Francisco Public Works Director Carla Short said.

“SB 925 takes a focused surgical approach to illegal street fencing,” Wiener said. “We know that these issues are most pronounced in the Mission, Tenderloin, some part of South of Market, and a few other areas, but the city will be able to use this law wherever the issue arises.”

Breed has been battling with activists and the state making it more difficult for her to enforce a ban on street vendors operating without a license.

Mission Street was forced to ban street vending last November after what the city described as chaos taking over the streets, a decision that also affected licensed vendors. SB 925 would give SFPD more authority to crack down on illegal street sellers while allowing those with permits to continue conducting business.

In April, the mayor, who is facing a tough reelection fight, blamed a 2018 law and the civil rights and Latino advocacy groups backing it for tying her hands when it came to enforcing the ban. Rather than allowing police officers to sweep up illegal vendors, the job fell in the laps of the city’s public works officers, who were nervous about confronting them without police protection.

“I’m grateful to be here with a strong coalition of people who want to ensure that we protect and support our vendors while also dealing with the illegal fencing that has really destroyed the fabric of what many people have been doing for many decades,” Breed said when Wiener announced the legislation.

The legislation is also viewed positively by the SFPD as they believe it will give them tools to aggressively go after illegal street vendors.

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“It puts the ability to do enforcement on this type of market back in the hands of the police department. For a very narrow focus,” Scott said. “Fencing, stolen goods — and the other thing is that it will give us the ability to be more proactive to address these markets.”

If passed, the law would go into effect on Jan. 1.