Senator Wiener Announces New Legislation To Crack Down on Car Break Ins

SACRAMENTO – Today, Senator Scott Wiener (D-San Francisco) announced that when the Legislature reconvenes on January 3, he will introduce a bill sponsored by San Francisco Mayor London Breed removing senseless barriers to holding auto burglars accountable. Senator Wiener previously authored similar legislation: in 2019, Senate Bill 23 died in the Assembly Appropriations Committee, and in 2018, Senate Bill 916 died in the Senate Appropriations Committee.
Under current law, convicting a suspect of auto burglary requires that prosecutors prove beyond a reasonable doubt that the vehicle was locked. The mere fact that a window was broken is insufficient—prosecutors must prove that the door was locked. The new legislation eliminates that needless requirement—instead, forcible entry will be sufficient to prove the crime of auto burglary, which may be charged as either a misdemeanor or a felony.
The requirement to prove the car door is locked is an obstacle to bringing burglars to justice when prosecutors try an auto burglary case. Proving this element requires victims to physically come to court and testify that their vehicle was in fact locked after they exited. All too often, victims cannot attend a hearing to testify that they did lock their car door, especially when they are tourists from out of town, or have work obligations. People may also not recall if they locked the door.
An epidemic of car break-ins has long plagued San Francisco, though the City is making progress to combat the problem. The City’s car break-in rate has exploded since 2010, outstripping other large California cities. The rate has continued to rise since then, though the rise has tracked with similar rises in other major cities at various times in that period.
At the same time, data show a 10% reduction in car break-ins so far this year, with 16,509 car break-ins reported since January 1, 2023 compared to 18,272 over the same period last year. The number of car break-ins has also dropped 18% since pre-pandemic (2019) levels, though the rate is higher than pre-pandemic levels in many tourist districts..
“San Francisco’s high rate of car break-ins is unacceptable, and we need to ensure our police and District Attorney have all the tools they need to address it and hold people accountable for committing this crime,” said Senator Wiener. “Auto burglary seriously harms people’s livelihoods and sense of safety. It defies logic that this loophole is causing charges to be dropped or reduced even when a prosecutor can prove the offender forcibly entered a vehicle intending to commit theft. By closing this loophole, we can make San Francisco and cities across California safer.”
“Our police officers are working hard every day to disrupt auto break-ins, and they are making progress,” said Mayor London Breed. “But we need more tools to disrupt and prosecute the organized theft rings targeting our city, especially in our tourist areas. This important bill by Senator Wiener’s will give our District Attorney the ability to more aggressively prosecute these cases and send a message that if you break into cars in this city, you will be held accountable.”
“Senator Wiener’s proposed legislation to close a gaping loophole in the law will help car break-in victims get justice,” said District Attorney Brooke Jenkins.  “This legislation will assist with ensuring that there is accountability and consequences for those who continue to commit car break-ins in our city.”
San Francisco Supervisor Catherine Stefani plans to introduce a resolution at the San Francisco Board of Supervisors in support of Senator Wiener’s legislation.
“Let’s be clear: car break-ins are not a victimless crime,” said Supervisor Catherine Stefani. “They result in a loss of property, a violation of privacy, and significant financial burdens for victims. I thank Senator Wiener for authoring this necessary legislation that will enable prosecutors to pursue these cases and tackle this scourge head-on.”
“One instance of a car break-in can potentially ruin a visitor’s trip and sends a message that our city isn’t safe to visit,” said Cassandra Costello EVP, Chief Policy and External Affairs Officer of SFTravel. “We need to send a message that auto burglaries are not tolerated in San Francisco-these policy solutions are the tools that will continue to help San Francisco reframe our narrative. I thank Senator Wiener for working doggedly to protect tourism in San Francisco.”
Common circumstances where it can be difficult to prove the locked component include:
If an offender broke a window and entered the vehicle to complete a theft and then proceeded to leave the vehicle door open or unlocked;
If an offender broke a window and the victim returns to their vehicle and opens the door before police take a report and establish that the vehicle was locked;
If an offender broke a window and the victim forgets whether they locked their door(s);
If an offender broke a window and the victim is unavailable to testify that their door(s) were locked.
Given the locked-door requirement, a number of auto burglary cases with clear evidence that the defendant broke the car’s window are nevertheless dismissed.
The new legislation clarifies that the unlawful entry of a vehicle with the intent to commit theft establishes the crime of auto burglary.
Livestream available here (day of).

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