On January 1, 2025, Senate Bill (SB) 905 officially went into effect, marking a significant tightening of California laws addressing theft from vehicles. This new legislation, authored by Senator Scott Wiener and signed into law in August 2024, introduces new criminal offenses under the Penal Code, specifically targeting vehicle-related theft, thereby enhancing the protection for vehicle owners.
It also makes it easier for prosecutors to obtain convictions and impose harsher penalties for theft from vehicles, thereby enhancing the deterrence effect and making the audience feel more secure.
California Senate Bill No. 905 says, "Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. The existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony.
This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft or a felony therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program.
Existing law prohibits the taking of the personal property of another, as specified, prohibits removing any part of a vehicle without the consent of the owner, and prohibits the possession or receipt of stolen property, as specified. A violation of these prohibitions is punishable as either a misdemeanor or a felony.
This bill would make it a crime for a person to unlawfully possess the property that was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering if the property is not possessed for personal use and the person has the intent to sell or exchange the property, or the intent to act with another person to sell or exchange the property, and the value of the possessed property exceeds $950.
The bill would allow the aggregation of the value of other illegally obtained property possessed by the person within the past two years to determine the value. It would make this crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program."
What are the Key Provisions of SB 905?
The most significant changes introduced by SB 905 are the creation of two new crimes under the California Penal Code, both of which enable prosecutors to charge defendants for either a misdemeanor or a felony about forcible entry into a vehicle or theft of the contents of a vehicle for resale.
The law also closes a loophole commonly used by defense attorneys to combat theft charges. It also makes it easier to push the aggregated value of stolen goods past $950, making the offense eligible to be prosecuted as a felony.
Here is a closer look at the key provisions of SB 905 and the implications for defendants.
New Crime: Unlawful Entry of a Vehicle (PC 465)
Under California Penal Code Section 465 PC, unlawful entry of a vehicle is now a standalone criminal offense. This law applies to any individual who forcibly enters a vehicle with the intent of committing theft or another felony inside. "Forcible entry" is defined broadly in this context, encompassing a range of actions, including:
- Using tools like slim jims or lock picks to manipulate a lock.
- Utilizing electronic devices, such as signal extenders, to gain access to the vehicle.
- Physically damaging the vehicle by breaking a window, cutting a convertible top, punching a lock, or prying a door open.
Penal Code 465 PC says, "(a) A person who forcibly enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft or any felony therein is guilty of unlawful entry of a vehicle.
(b) Unlawful entry of a vehicle is punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment pursuant to subdivision (h) of Section 1170.
(c) As used in this section, forcible entry of a vehicle means the entry of a vehicle accomplished through any of the following means: the use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender, or 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.
(d) A person may not be convicted both pursuant to this section and pursuant to Section 459."
New Crime: Automotive Property Theft for Resale (PC 496.5)
California Penal Code Section 496.5 PC targets those who unlawfully possess stolen property obtained through vehicle-related theft with the intent to resell it. To be charged under PC 496.5, the following criteria must be met:
- The property in question was stolen as a result of acts such as unlawful entry of a vehicle, theft from a vehicle, burglary of a locked vehicle, or vehicle tampering.
- The accused intended to sell, exchange, or otherwise profit from the stolen property.
- The value of the stolen items must exceed $950.
This provision's allowance for aggregation is particularly impactful. This means prosecutors may combine the value of stolen property from multiple vehicle-related thefts committed over two years.
For instance, if an individual is accused of multiple theft incidents totaling more than $950 within the previous two years, these amounts can be aggregated to meet the threshold for possible felony charges under PC 496.5.
California Penal Code 496.5 PC
"(a) A person who unlawfully possesses property that was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, whether or not the person committed the act of theft, burglary, or vehicle tampering, is guilty of automotive property theft for resale when both of the following apply:
(1) The property is not possessed for personal use, and the person has the intent to sell or exchange the property for value or the intent to act in concert with one or more people to sell or exchange the property for value.
(2) The value of the possessed property exceeds nine hundred fifty dollars ($950). For purposes of determining the value of the property, the property described in paragraph (1) can be considered in the aggregate with any of the following:
(A) Any other such property possessed by the person with such intent within the last two years.
(B) Any property possessed by another person acting in concert with the first person to sell or exchange the property for value when that property was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, regardless of the identity of the person committing the acts of theft, burglary, or vehicle tampering.
(b) For the purpose of determining, in any proceeding, whether the defendant had the intent to sell or exchange the property for value, the trier of fact may consider any competent evidence, including, but not limited to, the following:
(1) Whether the defendant has in the past two years sold or exchanged for value any property acquired through theft from a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, or through any related offenses, including any conduct that occurred in other jurisdictions, if relevant to demonstrate a fact other than the defendant's disposition to commit the act, as provided by subdivision (b) of Section 1101 of the Evidence Code.
(2) Whether the property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, including use or consumption by one's immediate family.
(c) A violation of subdivision (a) is punishable by imprisonment in the county jail for up to one year or pursuant to subdivision (h) of Section 1170."
Closing the "Locked Door Loophole"
Before SB 905, prosecutors were required to prove that a vehicle was locked when the unlawful entry occurred to charge the defendant with burglary. This requirement became known as the "locked door loophole" and severely hindered the ability to prosecute these cases.
With the new language contained in SB 905, prosecutors no longer need to establish whether a vehicle was locked, which simplifies their ability to pursue convictions.
Implications for Defendants
PC 465 violations are treated as "wobbler" offenses. This means they can be charged as either a misdemeanor or a felony. Penalties may include up to one year in county jail if charged as a misdemeanor or a sentence of 16 months, 2 years, or 3 years in county jail under felony provisions.
Furthermore, by eliminating the "locked door loophole" and allowing prosecutors to count accumulated stolen property within the past two years to determine the value of stolen goods, the law makes it much easier for prosecutors to convict and obtain harsher sentencing and more difficult for those accused of these crimes to defend themselves effectively.
The move toward stricter laws on vehicle theft underscores the need for proactive legal defense. If you are accused of crimes under SB 905, it is crucial to consult with an experienced California criminal defense attorney as soon as possible.
Among other strategies, a good attorney can assess whether law enforcement had probable cause for the arrest, whether the prosecution has sufficient evidence, or whether any conduct fell short of meeting the elements of the crime as outlined in SB 905.
For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,