Thieves Breaking Into An Unlocked Car Can't Be Charged With Burglary But Bill Could Change That
SACRAMENTO (CBS13) - A thief convicted of breaking into an unlocked vehicle may face anywhere from one to three years in county jail if a new bill becomes law.
Currently, a thief who breaks into an unlocked car in California cannot be charged with burglary.
Senate Bill 23 passed the Assembly Public Safety Committee on Tuesday. It would create a new crime of "forcibly entering a vehicle with the intent to commit theft." Forcible entry would be defined as:
- Force that damages the exterior of the vehicle, including, but not limited to, breaking a window, cutting a convertible top, punching a lock, or prying open a door; or
- Use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or another lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender.
The California Public Defenders Association previously expressed concern that this bill could unfairly target homeless people looking for shelter, writing:
"In an era where our streets are filled with homeless people looking for shelter from the elements this expansion of the prosecution and incarceration time for individuals who have not damaged a locking mechanism of the vehicle to gain entry could negatively impact those with the least of means."
The San Francisco Public Defender's Office wrote in opposition to SB 23:
"Existing law makes it a felony or misdemeanor to enter a vehicle when the doors are locked if the entry is made with the intent to commit a theft therein. SB 23 would make it a felony or misdemeanor to 'forcibly' enter a vehicle with the intent to commit theft and remove the requirement the car door be locked. SB 23's proposals to change the Penal Code's operative language to 'forcibly' entering a vehicle and to eliminate the requirement that the vehicle was locked at the time of entry would drastically expand the definition of vehicle burglary. This would expose many people to prosecution and punishment who simply opened an unlocked car."
The bill's author says it is currently difficult for District Attorneys to take car break-ins to trial because the law requires proof that the car was locked, even if proof exists that the defendant smashed the car windows. The new law would change that to include "forcible, unlawful entry", meaning DAs can prove a defendant committed an auto burglary by showing a broken car window.
Law enforcement does suggest you always lock your car doors.