California Senator Scott Wiener speaks during a press conference in front of the Stud’s new location at 1123 Folsom Street on Tuesday, Sept. 5, 2023.
Amanda Bartlett/SFGATEState Sen. Scott Wiener has introduced a bill to close a California legal loophole and make it easier to prosecute thieves who break into vehicles.
Wiener, a Democrat who represents areas including San Francisco and Daly City, introduced the bill — his first of this year’s legislative session — on Friday. Under current law, prosecutors can only secure convictions if a victim testifies in court that they locked their doors prior to the break-in. That means some evidence, including witness testimony and even smashed windows, is basically irrelevant.
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But Wiener’s proposal, Senate Bill 905, will alter the state’s penal code to make forcible entry into a vehicle sufficient proof that an auto burglary occurred. Closing the current loophole in the law is “just common sense,” Wiener told SFGATE.
“It’s absurd we have this requirement that you have to prove that the doors were locked, even if you can prove that someone bashed the window to enter the car,” he said. “That hinders accountability for auto break-ins, which are a big problem.”
— Senator Scott Wiener (@Scott_Wiener) January 5, 2024I introduced my 1st new bill of the year: Closing the “locked door” loophole for auto break-ins, SB 905. Under existing law, even if you can prove someone broke into a car, if you can’t also prove the doors were locked, you can’t prove the case.
SB 905 eliminates that loophole. pic.twitter.com/1qkgOdNqSL
Wiener said appearing in court to testify is difficult enough for residents, who may have to take time off work. But he said it’s especially burdensome for tourists who rent cars while they’re in California, and would have to travel back to the state to help prosecutors win a case.
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“No one’s gonna fly back from Louisiana or Maryland, let alone Europe, to testify that their rental car was locked,” he said.
If the law is passed, the only thing victims would need to do is file a police report. From there, police can use evidence such as witness testimony or security footage to help prosecutors prove forcible entry.
Friday’s announcement marks the third time Wiener has introduced the bill. The first two attempts to get the measure passed, in 2018 and 2019, failed not because of opposition to the bill but because of procedural issues, he said.
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Auto burglary has long been a problem in San Francisco, and so-called smash-and-grab robberies — in which thieves quickly break a car window using a special tool and then flee in a separate vehicle — have proven to be an efficient process for burglars.
Last year, city officials in San Francisco announced that police would be using a series of tactics, including bait cars, to crack down on auto burglaries, also known as bipping.
