SAN JOSE– Today the Governor signed AB 3209, authored by Assemblymember Marc Berman (D-Menlo Park) and Speaker Robert Rivas (D-Salinas), which creates the first-of-its-kind Retail Crime Restraining Order. The bill authorizes a court to impose a Retail Crime Restraining Order upon conviction, or following two or more citations, for a theft offense, vandalism within the store, or battery on an employee within the store. AB 3209 is a key provision in the Assembly’s comprehensive bipartisan legislative package addressing retail crime and theft in California.
“Across my district, from San Jose to Stanford Shopping Center to Pacifica, small businesses and large retailers alike have suffered from retail theft. Whether you are shopping at a local store or working there, every Californian deserves to feel safe,” said Assemblymember Marc Berman. “AB 3209 will help protect our local businesses, employees, and shoppers by creating a needed enforcement tool to combat organized and repeated retail theft. The creation of a Retail Crime Restraining Order, which received overwhelming bipartisan support in the Legislature, is a key component in the comprehensive retail theft legislative package. Rather than take us back to the failed policies of the 80s and 90s, these new laws were crafted with our partners in the retail and grocery industries to provide Californians with smart and thoughtful solutions to reduce retail crime. I want to thank Governor Newsom for signing these bills here in San Jose, where I know many customers are sick of shopping for items locked behind cages.”
“California’s hard-working business owners asked for our help, and today we are delivering thoughtful, balanced new laws that will protect their livelihoods, workers and customers. To those who brazenly harass and shoplift from our stores: Accountability is here. I’m deeply proud of my colleagues for taking on this crucial public-safety issue, and I thank Assemblymember Rick Chavez Zbur, the Governor, Pro Tem and Attorney General for their dedication and leadership. In California, we keep each other safe and get the job done,” said Speaker of the Assembly Robert Rivas, D – Salinas.
AB 3209 is supported by Attorney General Rob Bonta, the California Retailers Association, the California Chamber of Commerce, and the League of California Cities.
“I am committed to bringing the full force of the California Department of Justice to fight organized retail crime both in the field and in the courtroom, and AB 3209 provides important new tools to help businesses protect themselves and their employees,” said Attorney General Rob Bonta. “Organized retail crime hurts the workers and businesses that keep our economy strong and poses a serious threat to our communities. I'm grateful to Assemblymember Berman and Governor Newsom for their hard work and collaboration in the battle against organized retail crime, and I was proud to support this important legislation. We won't stop fighting to keep our communities, businesses, and consumers safe from the threat of organized retail crime."
“Local law enforcement officers and business owners need every available resource to combat repeat retail theft, and AB 3209 provides a new enforcement tool to help keep our communities safe,” said League of California Cities Executive Director and CEO Carolyn Coleman. “Cal Cities is proud to support this important legislation, and commends the Legislature for their work to address retail theft this session.”
“We’ve heard from many businesses in our communities along the Peninsula about their concerns for the safety of their employees and customers due to the increasingly bold actions of shoplifters and organized retail theft rings,” said Mountain View Councilmember and League of California Cities Peninsula Division President Ellen Kamei. “This legislation will help protect our local businesses from repeat offenders and support safe neighborhoods.”
"For the past year, the California Retailers Association has worked with Assemblymember Marc Berman on AB 3209, which will help deter retail theft and keep our employees, customers and businesses safe from retail crime,” said Rachel Michelin, President + CEO of the California Retailers Association. “This bill provides a new enforcement tool that will keep stores and workers safe from crime as rates of retail theft and robbery have risen in California. We are very appreciative of Assemblymember Berman’s leadership on this important issue, which will help safeguard our local businesses, protecting the livelihoods of hardworking employees and promote a safer and more prosperous retail shopping environment for all.”
"Petty theft remains one of the most prevalent barriers to economic health and recovery for our small businesses. We applaud thoughtful efforts to curtail this crime," said Peter Katz, President and CEO, Mountain View Chamber of Commerce & Foundation.
""The new laws signed by Governor Newsom today provide important tools for law enforcement and prosecutors to crack down on organized crime rings and retail thieves, and also send a strong signal that California is serious about holding criminals accountable. Among the bills signed today is AB 3209 by Assemblymember Marc Berman which provides an important new enforcement tool that will keep stores and workers safer from the threat of retail crime and robberies. We are grateful that so many groups came together – including business and retail leaders, law enforcement and policy makers – to address the problem with meaningful reforms,” said Jennifer Barrera, CalChamber President and CEO.
The Assembly’s comprehensive legislative package to address retail theft and crime will deliver new tools for California to strengthen public safety and protect shoppers and retail operators. The package of bills does this in a thoughtful way to ensure our laws adequately protect Californians from crime while not leading to mass incarceration or discriminatory outcomes. Learn more about the full package of bills here or watch the signing ceremony here with remarks from Governor Newsom and Assemblymember Berman.
Recent trends in retail theft and commercial robbery vary notably throughout the state. The Bay Area had the highest reported rates of shoplifting in California in 2022, experiencing sharp increases in rates. Specifically, shoplifting rates in San Mateo County increased 53 percent between 2019 and 2022, and San Francisco County saw a 24 percent increase. The growing issue of retail theft as well as vandalism and assault on employees in retail must be addressed to ensure the safety of our communities and businesses. In 2023, the California State Assembly established a Select Committee on Retail Theft to further examine this problem and seek thoughtful solutions that do not create undue hardship to our communities. A retail crime restraining order is one of these solutions that provides a balance in providing enforcement tools for retail crimes while implementing a reasonable restriction that does not exacerbate the underlying issues of poverty.
Contact: Bermanpress@asm.ca.gov