California 2023-2024 Regular Session Status: Passed Assembly Bipartisan · 3 D · 2 R cosponsors

AB 1990 — Criminal procedure: arrests: shoplifting.

Last action — In committee: Hearing postponed by committee.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified. Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer's presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise. Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer's presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer's presence if the officer has probable cause to believe that person has committed shoplifting, as specified. (2) Existing law requires a peace officer to release upon a signed promise to appear any person arrested for a misdemeanor, unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to provide satisfactory proof of identification, or there are outstanding arrest warrants for the person. Additionally, existing law exempts from this provision persons arrest for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft. This bill would additionally exempt a person arrested for shoplifting from the requirement that they be released on citation.

Bill Text

Action History

  1. In committee: Hearing postponed by committee.

  2. Referred to Coms. on PUB S. and APPR.

  3. In Senate. Read first time. To Com. on RLS. for assignment.

  4. Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 1. Page 5641.)

  5. Read second time. Ordered to third reading.

  6. Read second time and amended. Ordered returned to second reading.

  7. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (April 9).

  8. Re-referred to Com. on PUB. S.

  9. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  10. Referred to Com. on PUB. S.

  11. From printer. May be heard in committee March 1.

  12. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 114 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1990 Wendy Carrillo Assembly Third Reading

Passed 44 Yea · 1 Nay · 35 Other
Party YeaNayPresentNot Voting
Democratic 201026
Republican 12001
Unaffiliated 12008
Total 441035
% of votes cast 55%1%0%44%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Low — Yea
Waldron — Yea
Holden — Not Voting
Mathis — Not Voting
Rendon — Not Voting
Friedman — Not Voting
Wood — Not Voting
Essayli — Not Voting
Santiago — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Not Voting
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Not Voting
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Not Voting
Hart, Gregg Democratic Not Voting
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Not Voting
Kalra, Ash Democratic Nay
Lee, Alex Democratic Not Voting
Lowenthal, Josh Democratic Not Voting
McKinnor, Tina Democratic Not Voting
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Not Voting
Rubio, Blanca E. Democratic Not Voting
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Not Voting
Wicks, Buffy Democratic Not Voting
Wilson, Lori D. Democratic Not Voting
Zbur, Rick Chavez Democratic Not Voting
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 1990 do?
(1) Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified. Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer's presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise. Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer's presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer's presence if the officer has probable cause to believe that person has committed shoplifting, as specified. (2) Existing law requires a peace officer to release upon a signed promise to appear any person arrested for a misdemeanor, unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to provide satisfactory proof of identification, or there are outstanding arrest warrants for the person. Additionally, existing law exempts from this provision persons arrest for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft. This bill would additionally exempt a person arrested for shoplifting from the requirement that they be released on citation.
Who sponsors AB 1990?
AB 1990 is sponsored by Wendy Carrillo, Gipson, Mike A. (Democratic), Villapudua, Alanis, Juan (Republican), Lackey, Tom (Republican), Nguyen, Stephanie (Democratic), Petrie-Norris, Cottie (Democratic), and Rodriguez.
What is the current status of AB 1990?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1990?
Track AB 1990 free on One Click Politics — get push/email alerts when it moves.

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