A crime bill again moving through the California statehouse is intended to simplify prosecution for break-ins of 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.
California statute 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 Wiener, D-San Francisco, 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, and we need to remove senseless barriers to tackling it,” Wiener said in prepared remarks.
Closing the loophole
The Senate voted unanimously to advance a bill that is touted to close the “locked door loophole” when prosecuting cases involving vehicle break-ins.
Wiener said the loophole amounts to a senseless barrier to holding vehicle burglars accountable.
His bill, 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.
The bill also addresses concerns about the organized resale of goods stolen from vehicles. Specifically, individuals could be prosecuted for holding 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
Another go-around
This year’s effort marks at least the third attempt in recent years from Wiener to get the changes enacted. One hang-up for previous attempts at the statehouse has centered on prison time.
Critics have raised concern to lawmakers that creating a new term of incarceration could result in an increase in prison terms. One year ago, a state legislative panel noted that the result would be an exacerbation of prison overcrowding.
SB905 has moved to the Assembly Public Safety Committee. LL
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