A new California law is aimed at simplifying prosecution of break-ins for passenger and commercial vehicles.
The Owner-Operator Independent Drivers Association supported the legislation to enhance penalties or deter criminals from targeting truck drivers and/or their trucks.
California statute has defined 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.
In order to convict a suspect of vehicle burglary, prosecutors have had to prove beyond a reasonable doubt that the car or truck was locked. The rule included a requirement that victims physically come to court to testify the vehicle was locked.
Sen. Scott Wiener, D-San Francisco, has said the requirement to prove the vehicle door is locked is an obstacle to bringing burglars to justice when prosecutors try a vehicle burglary case.
‘Senseless barrier’ removed
Gov. Gavin Newsom signed into law a bill that is described as closing the “locked-door loophole” when it comes to prosecuting cases involving vehicle break-ins.
Wiener noted that the loophole amounts to a “senseless barrier” to holding vehicle burglars accountable.
“This new law is a big step forward for accountability on auto burglary,” he said in prepared remarks.
Previously SB905, the new law removes the requirement to prove a vehicle door was locked. Instead, forcible entry of a car or truck would be sufficient to prove the crime.
The crime could be charged as either a misdemeanor or a felony.
The new rule also covers concerns about organized resale of goods stolen from vehicles. Individuals could be prosecuted for possessing 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.
Not everyone is happy with the rule change. Critics have raised concerns that creating a new term of incarceration could result in increased prison terms.
The new law takes effect Jan. 1, 2025. LL
It took us 6 years & 3 tries, but we finally got our auto break-in bill passed & signed into law!
SB 905 repeals the “locked door loophole,” which requires proof not just of a break in but also that the doors were locked — severely undermining enforcement.
Persistence pays off! pic.twitter.com/XGEQ6xNWgD
— Senator Scott Wiener (@Scott_Wiener) August 16, 2024
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