Letter: OPPOSE AB 1960 (Rivas) Sentencing Enhancements for Property Loss

Dear Governor Newsom,

We the undersigned organizations, which include experts, practitioners, directly impacted people, and advocates with diverse backgrounds, strongly oppose AB 1960, which adds years-long sentencing enhancements for property damage or theft during any felony, and urge your veto.

All Californians deserve thriving downtowns, and retail workers and customers deserve to shop and work in peace. We need tailored, proven solutions that fully fund the things that prevent crime: mental health and drug treatment, affordable housing, education, and good jobs.

But AB 1960 won’t bring our communities what they need. First, sentencing enhancements don’t keep us safe. Study after study has shown that sentencing enhancements don’t deter or reduce crime.

Second, AB 1960 is a one-size-fits-all punitive policy that sweeps too broadly. When the original author, Assemblymember Soria, introduced the bill, she argued it was necessary to address retail theft. Yet, the bill applies to any felony. It could increase prison time for a wide range of conduct far beyond retail theft—from damaging a rental car someone failed to return on time, to business fraud.

Third, AB 1960 would increase prison time based on accidental behavior, because there is no requirement that the damage was intentional. That means AB 1960 could add years of prison time for a car accident while driving under the influence.

This bill is verbatim identical to Section 11 of Proposition 36, which you have described as a “reform that brings us back decades.” We appreciate that you have forcefully opposed Prop 36 – for these reasons we urge you not to sign one of its worst provisions into law. As the Legislative Black Caucus explained regarding their concerns with both Prop 36 and punitive retail theft bills like AB 1960: “We saw what the era of extreme punishment, or putting people in jail for everything, did. It not only hurt an individual, it decimated communities.” Just as Prop 36 would fail to get California back on the right track, so too will AB 1960.

AB 1960 takes us back in time. In recent years, the California legislature has reduced reliance on sentencing enhancements, acknowledging they contribute to mass incarceration and increase racial disparities in prisons. Recognizing this, Governor Brown vetoed a more lenient version of this law in 2018 because there was no “corresponding evidence that it was effective in deterring crime.”

The legislature can push smarter, more tailored solutions to prevent retail crime before it happens and to support thriving downtowns. Things like connecting people with much needed services, and supporting local businesses.

We urge you to veto this bill. If you have any questions, please do not hesitate to reach out to Shervin Aazami at shervin@ijaction.org, or any of the signatories below.

Sincerely,

Claire Simonich, Associate Director Vera California

Shervin Aazami, Policy Manager Initiate Justice Action

Tannah Oppliger, Policy Assistant Californians United for a Responsible Budget (CURB)

Bella Cooperman, Organizer All of Us of None; Legal Services for Prisoners with Children

Jeronimo Aguilar, Legal Services for Prisoners with Children

Jim Lindburg, Legislative Consultant Friends Committee on Legislation of

Melanie Kim, State Policy Director San Francisco Public Defender’s Office

Isabella Borgeson, Campaign Manager Ella Baker Center for Human Rights

Cecilia Chavez Organizer,  Silicon Valley De-Bug

John Vasquez, Policy & Legal Services Manager Communities United for Restorative Youth Justice

Shayla Wilson, Policy and Advocacy Advisor La Defensa

Antoinette Ratcliffe, Executive Director Initiate Justice

Lynn Berkley-Baskin, Co-Founder Justice2Jobs

Anna Steiner, Associate Director Transitions Clinic Network

Irene Kao, Executive Director Courage California

Aditi Sherikar, Senior Policy Associate, Youth Justice Children’s Defense Fund-California

Israel Villa, Deputy Director California Alliance for Youth and Community Justice

Kyle Magallanes Castillo (he/him/él), Co-Executive Director Community Works

Margo George, Co-Chair California Public Defenders Association Legislative Committee

Porshe Taylor,  Executive Director Prison From-The Inside-Out

Duke Cooney, Legislative Advocate ACLU-California Action

Stanley Thermidor, Policy & Advocacy Strategist A New Way of Life Reentry Project

Evan Minton, CA State Policy & Programmatic Senior Manager Voices For Progress

Kristin Nimmers, Policy & Campaigns Manager California Black Power Network

Angel Rice, Co-Founder Empowering Women Impacted by Incarceration

April Grayson, Sister Warriors Freedom Coalition

Elijah Chhum, New Light Wellness

Margaret Baker, South Bay People Power

Garrett Miller, Los Angeles County Public Defenders Union – Local 148

Effie Sklavenitis, Buen Vecino

Brian Hofer, Secure Justice

Marie Mark, Executive Director Immigrant Defense Project

Flower Alvarez-Lopez, Universidad Popular

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