Senator Wiener’s Bill to Fight Vehicle Break-in Epidemic Passes Assembly Committee
Sacramento – Today, Senator Scott Wiener’s (D-San Francisco) legislation to close a loophole that hampers prosecutions for automobile break-ins passed the Assembly Committee on Public Safety with a 5-0 vote. It now heads to the Assembly Committee on Appropriations for a vote. Current statue requires prosecutors to prove that the door of a burglarized car was locked, even if the evidence shows that the defendant bashed in a window or the victims testifies that they locked their doors. Senate Bill 23 simply clarifies that visible forcible entry of a car, with the intent to commit theft, is sufficient evidence to prove the crime.
The current requirement to prove that the car door was locked undermines efforts to prosecute auto burglary cases. For example, a burglar can simply unlock the car door after breaking the glass. Additionally, when a rental car is burglarized - a common occurrence in San Francisco - the visitor who rented the car is often gone by the hearing and is unable to testify that they locked the car door. Allowing proof that the defendant used force to overpower a locked door, such as shattered a car window, to substitute for proving that the car door was locked will make it easier to enforce the law in cases where a defendant is proven to have forcibly entered a car.
“The explosion in auto break-ins we’re experiencing is unacceptable, and we need to ensure our police and district attorneys can adequately address it,” said Senator Wiener. “When residents or visitors park their cars on the streets, they should have confidence that the car and its contents will be there when they return. That is sadly not the case. Damaged cars and stolen property can significantly harm people, make our neighborhoods less safe, and our cities less visitor friendly. This loophole in the Penal Code can lead to cases being dropped or charges reduced even when the evidence of burglary is clear. Our effort to close this loophole will make our neighborhoods safer.”
Under current law, to secure a conviction when an auto burglar is arrested, one of the elements prosecutors must prove beyond a reasonable doubt is that the vehicle was locked. Unfortunately, the fact that a victim’s window is broken does not, by itself, establish that the vehicle was locked. Burglars can simply unlock the car doors after breaking the window and create contradictory evidence about whether the vehicle was locked. In addition, because victims are often asked to testify that their vehicle was locked and because a disproportionate number of victims are tourists driving rental cars, the prosecution is at times unable to secure victim testimony (since they live elsewhere) about the door being locked.
“Commonsense dictates that breaking a window to steal something from a car is an auto burglary, but our laws don’t reflect our commonsense,” said San Francisco District Attorney Gascón. “SB 23 will close an absurd loophole that defies logic and disproportionately harms visitors to California.”
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.
SB 23 is sponsored by the San Francisco District Attorney’s Office. It is co-authored by Senator Ling Ling Chang (R-Diamond Bar), and Assemblymembers Joaquin Arambula (D-Fresno), Sabrina Cervantes (D-Riverside), Phillip Chen (R-Yorba Linda), David Chiu (D-San Francisco), Jordan Cunningham (R-San Luis Obispo County), Tom Lackey (R-Palmdale), Freddie Rodriguez (D-Pomona), and Phil Ting (D-San Francisco).
Click here for full bill text.
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