Community safety has always been a concern for the public. California law enforcement officials and community leaders on Tuesday (28th) called on the public to immediately call the state legislature to request the rejection of the AB2108 proposal; because the proposal is feared to weaken the voter-approved Prop 36 in California, leading to a worsening of security issues such as shoplifting and theft.
The AB2108 proposal was introduced by Democratic Assemblywoman LaShae Sharp-Collins and aims to expand on existing laws by requiring “pretrial diversion and deferred judgment” for specific theft cases. Defendants within the scope of the proposal, as long as they complete court-designated community service, restitution, courses, or job training conditions, could in principle have the opportunity for case dismissal and no criminal record.
If the proposal is passed, prosecutors or county probation departments would be required to assess whether “pretrial diversion” applies to defendants in cases such as shoplifting, theft, receiving stolen property, and intentional destruction of property, including some habitual offenders.
Several local prosecutors and sheriffs in California have pointed out that law enforcement officials do not oppose rehabilitation and diversion under current laws, but the requirements of AB2108 are excessive. The proponents of the proposal contradict the will of California voters and undermine the integrity of the referendum system.
In 2024, California voters overwhelmingly passed Prop 36 (about 70%), supporting strengthened law enforcement measures, especially for retail theft offenders and organized theft, to impose severe penalties. Currently, the AB2108 proposal continues to pass the state legislature, causing concern among judiciary and law enforcement officials.
The AB2108 proposal was passed in the State Assembly in May and cleared the State Senate Public Safety Committee in June, and is currently being sent to the Senate Appropriations Committee for review, with a hearing scheduled for 10 a.m. on August 3rd.
Frank Lee, Vice Chairman of the California Coalition Against Drugs (CCAD), urged the public to seize the critical three days prior to the hearing, from July 29th to 31st (Wednesday to Friday), to call or email members of the Senate Appropriations Committee to express opposition to AB2108.
Lee stated that California voters worked hard for years to pass Prop 36, amending laws that previously had a lenient approach to “serious crimes” and did not consider theft under $950 as a serious offense, aiming to curb crimes such as smash-and-grab thefts and robberies. This demonstrates Californians’ support for strengthening accountability, combating repeat offenses, and drug crimes.
Now with the state legislature pushing for the AB2108 proposal, he believes it is indirectly allowing thieves to steal freely, as the proposal permits unlimited applications of “diversion and no prosecution.” In such a society, how can people live peacefully and safely?
Vern Pierson, former President of the California District Attorneys Association and District Attorney of El Dorado County, explained that the AB2108 proposal, by repeatedly diverting and dismissing theft cases, would make it more difficult for law enforcement agencies to identify habitual offenders and establish the criminal records required by Prop 36.
Key points of Prop 36 include: requiring arrested drug addicts to complete rehabilitation programs, otherwise facing felony charges; increasing penalties for fentanyl traffickers; and for theft offenders, on the third arrest, regardless of the amount involved, facing felony charges.
If criminals are not severely punished, Lee is concerned that “the number of retail theft cases will significantly increase, taking us back to the situation before the implementation of Prop 36, or even worse.”
However, LaShae Sharp-Collins, the proponent of the AB2108 proposal, stated during her speech in the California Assembly on May 27 that the proposal aims to establish a statewide diversion plan for “mild, non-violent retail theft behavior,” ensuring that offenders take responsibility while avoiding further entanglement in the legal system.
She introduced that the proposal is not against Prop 36 but is intended to help those forced to steal due to poverty find alternative paths to rehabilitation.
From a law enforcement perspective, Chad Bianco, President of the California Sheriffs’ Association and Sheriff of Riverside County, explained that repeated diversion leading to dismissal means that the related arrests can be legally considered as never having occurred. However, these records are crucial in pursuing habitual theft offenders and investigating organized retail theft.
Larry Gonzalez, Vice President of the California Police Chiefs Association and Chief of the Riverside Police Department, also stated that police chiefs support rehabilitation and diversion, but the requirements of AB2108 are excessive, making it difficult for even law enforcement personnel to distinguish habitual offenders.
He pointed out that the biggest problem faced by the community is habitual offenders. When California residents see the same group of criminals committing the same crimes repeatedly without effective sanctions, they can’t help but feel disappointed and frustrated.
During the online meeting on Tuesday opposing the AB2108 proposal, several business people mentioned that small businesses are vital pillars of the community’s economic stability, and if crime rates soar and shoplifting becomes rampant, it will make it difficult for businesses to operate.
Carl Chan, Chairman of the Oakland Chinatown Chamber of Commerce Foundation, stated that many habitual offenders target small businesses, and some politicians’ policies will reduce repeat offenses to misdemeanors and erase crime data, putting local small businesses at greater risk.
Karen Kam, owner of a Bay Area shopping center, was shocked and disheartened after learning about the AB2108 proposal. She believes the proposal encourages criminals to repeat thefts, causing many businesses to leave due to California’s security issues. If this continues, everyone will be a victim.
In conclusion, Frank Lee urged the public to contact members of the Senate Appropriations Committee, Senate President pro Tempore Monique Limón, and Majority Leader Angelique Ashby, requesting the state legislature to respect the decision made by voters on Prop 36.