State Sen. Wiener introduces proposal to make it easier to prosecute auto break-ins
SAN FRANCISCO – State Sen. Scott Wiener (D-San Francisco) announced Friday that he introduced a proposal backed by city leaders that would make it easier to prosecute auto break-ins.
The measure, known as Senate Bill 905, would close what the senator called the "locked door loophole". To convict someone of auto burglary, state law currently requires prosecutors prove beyond a reasonable doubt that the vehicle was locked at the time.
Wiener said the requirement is an obstacle to prosecute break-ins, since it requires victims to testify their vehicle was locked.
"All too often, victims cannot attend a hearing to testify that they did lock their car door, especially when they are tourists from out of town, or have work obligations. People may also not recall if they locked the door," his office said.
If approved in the legislature and signed into law by the governor, the measure would eliminate the requirement, making forcible entry, such as a broken window, sufficient to prove the crime of auto burglary.
"It defies logic that this loophole is causing charges to be dropped or reduced even when a prosecutor can prove the offender forcibly entered a vehicle intending to commit theft. By closing this loophole, we can make San Francisco and cities across California safer," Wiener said in a statement.
The measure comes as San Francisco tries to crack down on its notoriously high rate of auto break-ins. While a recent crackdown in the city has brought the number of burglaries down, officials said break-ins remain above pre-pandemic levels in many tourist districts.
"Our police officers are working hard every day to disrupt auto break-ins, and they are making progress," said Mayor London Breed. "But we need more tools to disrupt and prosecute the organized theft rings targeting our city, especially in our tourist areas."
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Supervisor Catherine Stefani plans to introduce a resolution at the Board of Supervisors in support of the measure.
"Let's be clear: car break-ins are not a victimless crime," Stefani said. "They result in a loss of property, a violation of privacy, and significant financial burdens for victims.
Wiener introduced similar measures in the legislature in 2018 and 2019, but both bills died in committee.
