With the alarming increase in vehicle break-ins and stolen auto parts in California, the need for stronger laws has become evident. Senate Bill No. 905 (SB 905), a pivotal part of the 2025 theft and drug laws, has been introduced to address this issue.
This bill, which went into effect on January 1, 2025, marks a significant milestone in tightening regulations and increasing penalties. By closing the loopholes that previously allowed offenders to escape serious charges, SB 905 is a crucial step in the fight against vehicle theft in California.
A key provision is that the definition of burglary has been expanded under Penal Code 465 PC. Previously, breaking into an unlocked car did not qualify as burglary. That loophole was closed. Now, any unauthorized entry, whether or not the car was locked, is considered a burglary offense.
Another key provision is stolen auto parts under Penal Code 496.5 PC. If you're caught with stolen vehicle parts valued over $950 and there is evidence of intent to resell, you will now face felony charges. This law targets the growing problem of catalytic converter thefts and takes a strong stance against this crime by imposing harsh penalties.
The new law involves theft from a vehicle. Someone accused of forcibly entering a vehicle for theft or any felony is charged with either a misdemeanor or a felony. As with retail theft, the value of property stolen over multiple thefts can be aggregated to determine a charge and its associated penalties.
On January 1, 2025, Senate Bill (SB) 905 went into effect, significantly tightening California laws addressing vehicle theft. This new legislation introduces new criminal offenses under the Penal Code, specifically targeting vehicle-related theft, and importantly, enhancing the protection for vehicle owners. Further, it makes it easier for prosecutors to get convictions and imposes harsher penalties for theft from vehicles. The imposition of these harsh penalties should make the audience feel that the law is taking a strong stance against crime.
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 for forcible entry into a vehicle or theft of the contents of a vehicle for resale.
Before SB 905, the district attorney was required to prove that a vehicle was locked when the unlawful entry occurred to charge the defendant with burglary. This requirement, known as the 'locked door loophole,' hindered the ability to prosecute these cases. With the new language in SB 905, prosecutors no longer need to establish whether a vehicle was locked, making it easier to obtain convictions and ensuring justice is served. This closure of the 'locked door loophole' should make the audience feel that the law is being enforced more effectively.
California Senate Bill 905
California Senate Bill No. 905 states, "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 makes forcibly entering a vehicle 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 makes 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. 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 allows the value of other illegally obtained property possessed by the person within the past two years to be accumulated 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.
Unlawful Entry of a Vehicle (PC 465)
Under Penal Code Section 465 PC, unlawful entry of a vehicle is now a crime in itself. This law applies to people who forcibly enter a vehicle with the intent of committing theft or another felony inside. Forcible entry is defined in this context, including the following actions:
- Using tools like Slim Jims or lock picks to manipulate a lock.
- Using electronic devices, such as signal extenders, to gain access to the vehicle.
- Damaging the car by breaking a window, cutting a convertible top, punching a lock, or prying a door open.
PC 465 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."
Car Property Theft for Resale (PC 496.5)
Penal Code Section 496.5 covers people 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 conditions must be met:
- The property was stolen by unlawful entry of a vehicle, theft from a vehicle, burglary of a locked vehicle, or vehicle tampering.
- The defendant intended to sell, exchange, or otherwise profit from the stolen property.
- The value of the stolen items must exceed $950.
This means the district attorney can combine the value of stolen property from multiple vehicle-related thefts committed over two years.
For example, suppose an individual is accused of multiple theft incidents totaling more than $950 within the previous two years. In that case, these amounts can be aggregated to meet the threshold for possible felony charges under PC 496.5.
California Penal Code 496.5 PC says, "(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."
Contact a Criminal Defense Attorney
PC 465 violations are "wobbler" offenses, meaning they can be charged as either a misdemeanor or a felony. The penalties might include the following:
- 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 for felonies.
Further, by eliminating the "locked door loophole" and allowing the prosecutor to count accumulated stolen property within the past two years to determine the value of stolen goods, the law makes it easier for the DA to convict and obtain harsher sentencing.
The stricter laws on vehicle theft underscore the need for an experienced California criminal defense lawyer. If you are accused of crimes under SB 905, contact our law firm for a free case evaluation.
We can assess whether law enforcement had probable cause for the arrest, whether the prosecution had sufficient evidence, or whether any conduct fell short of meeting the elements of the crime defined under SB 905. For more information, contact the Hedding Law Firm in Los Angeles, CA.
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