California voters sent a clear message this year when they overwhelmingly voted to pass a tough-on-crime ballot initiative that would impose stricter penalties for retail theft and crimes involving the deadly synthetic opioid fentanyl. 

Proposition 36 undid parts of a landmark 2014 law that downgraded several non-violent felonies to misdemeanors. Proponents considered Proposition 47, the original law, as a breakthrough in criminal justice reform, while others viewed it as a catalyst for an increase in property crime, drug abuse, and homelessness. 

But, passing Proposition 36 wasn’t the only step Californians took this year to fight back against theft. 

A bipartisan coalition passed a handful of bills that will go into effect on Jan. 1, 2025, which will do everything from allow district attorneys to coordinate with one another to consolidate charges across the state to letting retail stores to obtain restraining orders against people convicted of stealing from them or assaulting their employees. 

The package of bills has been at the heart of intense political debate all year. They were backed by Gov. Gavin Newsom (D-CA) and were in response to pressure created by Proposition 36. Democratic leaders, including Newsom, were hopeful that the bills would sway prosecutors to drop the ballot measure.

That didn’t happen, and in the end, Californians got two different versions of how to deal with crime. 

Newsom regularly slammed Proposition 36 but sang praise of the bills the legislature passed.

“Let’s be clear, this is the most significant legislation to address property crime in modern California history,” Newsom said before signing the bills. “I thank the bipartisan group of lawmakers, our retail partners, and advocates for putting public safety over politics. While some try to take us back to ineffective and costly policies of the past, these new laws present a better way forward — making our communities safer and providing meaningful tools to help law enforcement arrest criminals and hold them accountable.”

Assembly Speaker Robert Rivas (D-CA) said, “California’s hard-working business owners asked for our help” and that lawmakers delivered.

“To those who brazenly harass and shoplift from our stores: accountability is here,” he said. 

Here is a look at a few of the laws in the landmark legislation that will take effect on Jan. 1, 2025.

AB 3209: New restraining order

This bill creates the first-of-its-kind Retail Crime Restraining Order. It allows retailers to obtain protective orders against people sentenced for stealing, vandalizing, or assaulting an employee at that store.

The order would also prohibit a person from entering the store, parking lots, and other franchise or chain locations of the retailer. 

Assemblyman Marc Berman (D-CA) called the bill a “key component” in the comprehensive retail theft legislative package and said it would “help protect our local businesses, employees, and shoppers by creating a needed enforcement tool to combat organized and repeated retail theft.”

The bill was also supported by Democratic Attorney General Rob Bonta, the California Retailers Association, the California Chamber of Commerce, and the League of California Cities.

“We’ve heard from many businesses in our communities along the peninsula about their concerns for the safety of their employees and customers due to the increasingly bold actions of shoplifters and organized retail theft rings,” said Ellen Kamel, League of California Cities Peninsula Division president. “This legislation will help protect our local businesses from repeat offenders and support safe neighborhoods.”

AB 1779: Coordinated response

This bill cracks down on organized retail theft by allowing district attorneys across the state to coordinate with their counterparts in other counties to consolidate charges for suspects in retail theft crimes. 

“With the signing of AB 1779, the governor has restored a common-sense provision of law that allows district attorneys to convene a single prosecution for organized theft activities spanning multiple counties,” Assemblywoman Jacqui Irwin (D-CA)  said. “These highly organized criminal enterprises will no longer be permitted to terrorize communities and retailers throughout our state and will once again be held accountable for their crimes.”

AB 1960: Sentencing enhancements

AB 1960 creates sentencing enhancements for taking, damaging, or destroying property while committing a felony if the value exceeds $50,000. Sentencing enhancements are a tool prosecutors use to increase the penalty for a crime by adding time to a base sentence. 

“AB 1960 restores an important tool for law enforcement to combat retail theft and keep our communities safe,” Assemblywoman Esmeralda Soria said. “We must address the rise in retail crime by holding offenders accountable and ensuring the punishment matches the crime. Our small businesses, retail workers, and consumers deserve to feel safe when working or shopping in their own communities. AB 1960 will do just that, and our neighbors will be safer as a result.”

Merced County Deputy District Attorney Tom Pfeiff called the use of enhancement “critical to combatting retail theft and “smash and grabs” that have been increasing at an alarming rate.”

SB 1242: Longer prison time for setting fire to a retailer’s property

SB 1242 increases the punishment for arson if it’s on a retail merchant’s premises. 

The bill’s author, Sen. Dave Min (D-CA), said retail theft has become  “increasingly sophisticated in recent years with scenarios where fire is being used as a tactic to hide and distract from criminal activity.”

Min added that the bill was part of a comprehensive strategy to hold criminals accountable while giving law enforcement the tools they need to prosecute crimes that put local communities and retailers at risk. 

“The higher sentences authorized under this bill will help deter crime and put a stop to this destructive trend that costs businesses millions in damages, on top of investigative costs to local fire officials,” he said. 

Other bills targeting retail theft

Lawmakers also passed AB 2943, which creates a prison sentence of up to three years for possessing stolen merchandise worth more than $950 with the intent to resell.

AB 1802 makes the California Highway Patrol’s task force permanent while AB 1972 expands the task force’s power to also pursue cargo theft. 

SB 1144 requires online marketplaces to establish and maintain policies for prohibiting the sale of stolen goods, while SB 1416 lengthens sentences for those convicted of selling or returning stolen goods. 

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SB 905 creates two new offenses that can be charged as either felonies or misdemeanors.

The so-called “wobbler offenses” include breaking into a car with intent to steal as well as possessing property stolen from a car worth at least $950 with the intent to sell it.