Bill seeking to close loophole in auto break-ins heads to Gov. Gavin Newsom's desk
A plan from a Bay Area lawmaker to address rampant car break-ins by closing a loophole is awaiting Gov. Gavin Newsom's signature.
It's known as the auto-lock loophole, people have been trying to close it for years, and it may be about to happen. The legislation, known as Senate Bill 905, also comes as San Francisco is making progress against the city's notorious struggle with auto burglaries.
"If you have proof that someone broke into a car, that should be enough to convict the person and to have accountability," said State Senator Scott Wiener, who has authored the bill heading to the governor's desk. "Requiring proof that the doors were locked is absurd."
Absurd in the minds of many, but it is currently the law in California. For prosecutors to convict someone of auto burglary they must first prove the car was locked.
It's something that can pose obvious challenges, especially when the victims are not residents of the city, such as a family from Argentina who spoke to CBS News Bay Area after their car was broken into while visiting Alamo Square last year.
"Those tourists are not gonna fly back in to San Francisco from the East Coast or from Asia or from Europe, to testify that they did in fact, lock their cars," Wiener said during a 2018 briefing at Alamo Square, when he first called for legislation on the issue.
That push to close the lock loophole was joined by the city's then district attorney George Gascón.
"Common sense with you if you have broken glass, obviously someone broke into the vehicle," Gascón said in 2018.
But the 2018 effort, and another in 2019, were turned back in Sacramento. In the words of San Francisco's then Public Defender Jeff Adachi.
"Well, we're moving away from increasing criminal penalties," Adachi said in 2018.
"When it comes to public safety and criminal justice, there are always swings in the pendulum," Wiener said of the shift.
The bill closes the loophole by actually creating a new law, unlawful entry of a vehicle. A felony conviction would mean a sentence of 16 months to three years.
"So you can have strong accountability, which is what this bill is about," Wiener said. "Making sure that people who violate the law by breaking into cars are accountable, without destroying people's lives and giving people an opportunity to rehabilitate and integrate back into society. And to me, that's what it should be about."
San Francisco Police launched a significant crackdown on this last August, and car break-ins are down 50% in the city from 2022. However, a trip by Alamo Square will likely reveal there is still work to do.
"And this bill, once it is signed into law, which I believe that it will be, will give them an additional tool to hold people accountable for breaking into cars," Wiener added.
The bill also creates another new crime, allowing for the prosecution of anyone holding more than $950 worth of property stolen from a car, whether that person took it themselves, was holding it or selling it.
