California’s Assembly is currently considering several public safety bills, which have sparked controversy due to the addition of a “sunset clause” that has divided Democratic lawmakers.
The Senate Appropriations Committee on June 17 added amendments to five Assembly bills, stipulating that if a voter referendum aimed at reforming Proposition 47 passes in the November election, the bills would become void.
Proposition 47, approved by voters in 2014, reduced certain felonies to misdemeanors to decrease the prison population. This year’s referendum seeks to address the shortcomings of Proposition 47 by increasing penalties for certain drug and theft crimes, allowing for felony charges against repeat offenders, and prioritizing drug rehabilitation programs.
The amendments announced on June 7 have stirred controversy. Supporters of the referendum to reform Proposition 47 oppose the linkage of the five bills to the referendum, arguing that it could confuse voters. At least two bill authors have removed their names from the legislation in protest against the inclusion of the “non-operability clause,” also known as a sunset clause.
Prior to the Appropriations Committee hearing on the 17th, Kevin McCarty, the author of AB1794 and the chair of the State Assembly Public Safety Committee, withdrew his bill. AB1794 aimed to establish a system allowing retailers to report incidents of shoplifting, organized retail theft, and major thefts directly to district attorneys.
In a statement sent to the media after the meeting, McCarty stated, “Unfortunately, I cannot support a comprehensive approach to combat retail theft (originally included in AB1794, now a part of six bills) that includes a poison pill sunset clause.”
“However, I remain optimistic that as we continue negotiating solutions with stakeholders leading up to June 27, I will have the opportunity to reconsider AB1794,” McCarty said. He emphasized the need for a public safety solution that addresses accountability while striking a balance between punishment, drug treatment, and diversion options.
California residents expect their leaders to comprehensively address the rising issue of retail theft crimes, McCarty added. “Our overall plan must ensure businesses can continue to operate, keeping communities safe.”
The five bills with the sunset clause include AB1802, 2943, and 3209, targeting organized retail theft, sentencing agreements for petty theft, and retail theft restraining orders respectively. AB1779, proposed by Assemblymember Jacqui Irwin, aims to allow for the consolidation of certain theft charges and filing in any jurisdiction.
Irwin stated during the hearing that the amendment stating “if the referendum passes, the bills are void” was a forced acceptance, saying, “We had to accept this amendment.” Her office redirected all comment requests to the Appropriations Committee for clarification, noting that all amendments originated from the committee. Committee staff have yet to respond to requests for comments.
Esmeralda Soria, the original author of AB1960, withdrew her name from the bill due to reservations about the sunset clause. Her name was replaced by Speaker Robert Rivas. The bill mainly focuses on increasing penalties for theft crimes.
Soria expressed in a statement to the media, “California needs to impose harsher penalties on repeat offenders who persistently steal and harm our businesses.” She emphasized her commitment to the community and law enforcement partners, stating, “That is the reason why I withdrew my support for AB1960.”
During a press briefing after the committee hearing, Soria explained that law enforcement representatives expressed concerns about the amendments. “These are my co-authors… I work closely with local law enforcement,” Soria said. “This is important to me… It’s a critical issue throughout California.”
Rivas did not respond to inquiries regarding his role as the new drafter of the bill and the sunset clause issue.
Assembly Republican Leader James Gallagher noted that the decision of bill authors to withdraw their bills indicates a growing awareness of the importance of maintaining public safety. “This is a positive sign,” Gallagher told the media. “Now we need to see more actions like this.”
Committee member and State Senator Kelly Seyarto opposed the amendments and the committee’s decision to bypass the suspense procedure, which is typically used for bills costing the state government over $50,000.
Seyarto motioned during the meeting to suspend, stating, “These bills far exceed the monetary threshold for suspension.” However, his efforts were in vain, as the Senate Appropriations Committee chair stated that the urgency of the bills justified bypassing the procedure.
Seyarto expressed his dissatisfaction with the sunset clause multiple times, stating that he would support the bills if the amendments were not included. In a press release on the 13th, he said, “These bills are poisoned with sunset clauses, aimed at hijacking the legislative process and subverting the will of the people.” “Using public safety as a political chip is unacceptable.”
In a comprehensive plan for public safety legislation in the Assembly, Juan Alanis, a Republican Assembly member, proposed AB1972, which was not attached with a sunset clause. The bill aims to combat theft crimes by establishing a special task force focusing on property crimes.
Alanis expressed concerns about the clause, stating, “I am troubled by the prospect of potentially proposed new amendments.” “I have raised my concerns with both party leaders and hope they will give serious consideration.”
All six public safety bills also added emergency clauses, enabling them to be swiftly enacted upon legislative approval and the governor’s signature. The emergency clauses garnered bipartisan support, with the bills set to be submitted for review by the State Senate in the coming weeks.
Meanwhile, several public safety bills proposed by the State Senate will be reviewed by the Assembly Appropriations Committee on Wednesday, with lawmakers expecting the addition of sunset and emergency clauses to those bills as well.