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Gov. Newsom signs ‘locked door loophole’ bill to combat car break-ins

Mission District San Francisco Police Officer Robert Clendenen attempts to lift fingerprints while investigating an auto burglary near Potrero Avenue and 24th Street on Thursday, Feb. 1, 2018 in San Francisco, Calif. (Photo by Jessica Christian/San Francisco Chronicle via Getty Images)

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(KRON) — As part of the Safer California Plan, what is described as “the most significant bipartisan legislation to crack down on property crime in modern California history,” Gov. Gavin Newsom signed the “locked door loophole” bill on Friday.

The bill, authored by Sen. Scott Wiener, no longer requires California car owners to prove their car was locked when it was broken into.

Previously, “The mere fact that a window was broken into is insufficient– prosecutors must prove that the door was locked, which requires that victims must physically come out to court to testify as such,” Wiener said.

Sen. Wiener described the requirement as “a senseless barrier to holding auto burglars accountable… This requirement can sabotage clear cases of guilt, particularly for situations where someone is visiting San Francisco and is not going to return just to testify that they locked the car door.”

Now, car break-in victims can prove the crime of auto burglary by showing forcible entry, “which may be charged as either a misdemeanor or a felony,” Wiener’s office said.

“This new law is a big step forward for accountability on auto burglary. It made no sense that the old law required the District Attorney to prove that the owner locked the car door in order to convict someone for auto burglary – it shouldn’t matter if the door was locked,” Wiener said.

The bill, SB905, also addresses the problem of suspects reselling the valuables found in the car break-in. Now, individuals could be prosecuted for holding “more than $950” of stolen goods intended for resale.

Despite seeing a nearly 50% drop in car break-ins from 2022 to 2023, Wiener believes San Francisco’s “long vexing problem” surrounding car break-ins “remains a problem… Soon San Franciscans and all Californians will benefit from this additional tool to tackle the widespread problem of auto break-ins,” Wiener said.

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