California legislators propose combatting retail theft by implementing arrests as a deterrent

A Los Angeles County Democrat proposed legislation that would make retail theft a misdemeanor in an effort that could make shoplifters more fearful of stealing.

The bill would make shoplifting a misdemeanor and allow law enforcement to make warrantless arrests for theft not committed in their presence if officers have probable cause. Democratic Assemblymember Wendy Carillo sponsored the legislation, along with two other Democrats and one Republican lawmaker.

“Right now, there’s no fear, right? It’s like we can steal, we can commit these petty misdemeanor crimes, but it’s cite and release and there’s no record,” Carrillo told Politico.

AB 1990, also known as the Secured Transactions and Organized Theft Prevention Act, is a result of the state’s surge in retail theft that has left small and large businesses alike packing up and leaving big cities where property crime is most common.

“This is just going back to traditionally what we used to have, which was book-and-arrest, so you’ll have a record,” Carrillo said.

Still, Carillo’s legislation does not touch Proposition 47, a measure that categorizes nonviolent property crime that does not exceed $950 in value as a misdemeanor, nor does the bill combine minor crimes to make them more serious.

Democratic Assemblymember Tina McKinnor criticized Carillo’s legislation, saying in a post on X that it would “promote mass incarceration.”

“We need our law enforcement partners to enforce the law, not discourage retailers from asking for help,” McKinnor wrote.

Meanwhile, the legislation’s lone-Republican sponsor and former law enforcement officer, Juan Alanis, praised the bill, telling Fox 26 News that it “checks all the boxes.”

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Democrat lawmakers unveiled provisions in a separate bill last month that would also take small steps to curb the Golden State’s theft problem. AB 2943 would impose a criminal penalty of up to three years in prison if a person was found possessing stolen property. It would also allow the value of stolen property to be added up to reach the $950 minimum value for theft to be considered a felony.

However, both Carillo’s legislation and AB 2943 are still making their way through the legislative process with Carillo’s expected to be discussed in a hearing sometime next week, per Politico.