Legislators may be off for spring recess, but debates about their bills are still happening outside committee rooms. One spicy intra-party exchange between Democratic Assemblymembers focuses on a measure about retail theft — underscoring the difficult balance for lawmakers responding to public concerns about crime, while not over-policing historically targeted communities.

Los Angeles Assemblymember Wendy Carrillo, vice chairperson of the Legislative Progressive Caucus, introduced Assembly Bill 1990, which would allow police officers to make warrantless arrests for misdemeanor shoplifting offenses (as in, items that total $950 or less) if officers have probable cause. Officers do not need to be present when the crime occurred. 

Warrantless arrests when police don’t witness the crime aren’t new — officers can already arrest people on misdemeanor charges for domestic violence, violating a restraining order or for carrying a concealed gun at an airport.

The bill has bipartisan support, and in a statement, Carrillo said that by “increasing enforcement against suspected shoplifters, we are sending a clear message: we will not tolerate these acts that threaten our public safety and economic vitality.” 

But Inglewood Assemblymember Tina McKinnor, a fellow progressive caucus member, urged lawmakers to reject the bill, saying on social media that it was “bad for black and brown folks.” She told CalMatters that AB 1990 is unnecessary and will promote mass incarceration:

• McKinnor, in an email: “We need our law enforcement partners to enforce the laws on the books, not discourage retailers from asking for help.”

A 2019 report from the Public Policy Institute of California found that African Americans in nearly all California counties have higher arrest rates than whites, and that misdemeanors have increased as a share of all arrests. (Latinos, however, were arrested at lower rates than whites in 26 out of the 58 counties.)

Carrillo pushed back, however, arguing that her bill “is committed to fairness, equity, and the protection of all individuals’ rights, regardless of race or background.” 

• Carrillo, in an email: “I don’t legislate via social media.” 

Gardena Assemblymember Mike Gipson, who is one of the bill’s co-authors, also stood by Carrillo, arguing that “communities of color are hurting” because of retail theft and job loss. Gipson also posed a question to his (unspecified) colleague on social media: “What do you offer besides throwing rocks? What do you offer, I ask, as any form of a solution to a statewide problem?” 

And since we can’t forget it’s an election year, here’s where these three legislators stand: Carrillo is currently placing fourth in a race for Los Angeles City Council. If no one gets the majority of the vote, the top two face each other in the general election. McKinnor advanced from the March 5 primary and faces a Republican in her Democratic-leaning district. And besides a write-in candidate, Gipson is unopposed in his reelection bid.

The debate is emblematic of the tightrope progressive lawmakers attempt to walk on public safety. And it’s an issue that Assemblymember Kevin McCarty, chairperson of the Public Safety Committee, will have to navigate as Carrillo’s bill heads to the committee. 

While McCarty’s office said he was not available for comment Monday, I spoke with him earlier this month about his approach to retail theft. The Sacramento Democrat said that lawmakers are “at the forefront” to address the issue, and that he aims to have a “balanced response” that does not “overcorrect” with unintended consequences.

McCarty, Assembly Speaker Robert Rivas and Assemblymember Rick Zbur, chairperson of a select committee appointed by Rivas, have their own retail theft legislation.

Read more on the retail theft debate.

A coalition of nearly 60 progressive groups on Monday laid out an agenda of 28 bills on issues including civil rights, environmental justice, housing and income inequality, all with one aim: To protect and invest in Californians most at risk of poverty, discrimination and unfair working conditions.

But as with all proposals this session, how far the package gets could be limited by the state’s multibillion-dollar budget deficit. 

The Building the California Dream Alliance, however, says that budget uncertainty shouldn’t be an excuse for legislators to avoid action.

• Jyotswaroop Bawa, with Rise Economy, in a statement: “In fact it’s a sign that our most vulnerable communities will need more help than ever. California can and must take action this year to improve community health and safety, address student debt, fight for a just climate future, and ensure that California’s laws fairly protect all the people living in this state.”

The bills include:

• On education: Bar colleges from refusing to provide diplomas or charging higher tuition for students who owe debts, and lift the requirement for educators to notify law enforcement when a student “willfully disturbs” a public school or assaults or threatens a school employee.
• On financial security: Allow workers to apply for paid family leave earlier, and prohibit reporting agencies from putting medical debt on credit reports. 
• On immigration: Expand eligibility for the Cash Assistance Program for Immigrants to elderly, blind or disabled undocumented Californians, and authorize county health officers to inspect private detention facilities, including ones that detain immigrants.

Fighting antisemitism: Also Monday, the Jewish Public Affairs Committee of California announced it’s sponsoring a package of bills to stop a “rising tide of anti-Jewish violence and harassment.” The measures include bills backed by the Legislative Jewish Caucus for codes of conduct on college campuses and training requirements in higher education, plus a $5 million ask to make sure schools are teaching about the Holocaust. Lawmakers are also considering AB 3024 on “hate littering,” introduced by San Diego legislators after antisemitic flyers were distributed in that city. 

Financial aid: Gov. Gavin Newsom signed a bill Monday to extend the deadline for California students to apply for financial aid to May 2, after a glitch in federal aid forms prevented those whose parents don’t have Social Security numbers from applying. Read more from CalMatters higher education reporter Mikhail Zinshteyn.

Fast food wage: Newsom also announced he signed a bill that exempts fast food restaurants in airports, convention centers and hotels from the $20 minimum wage that starts April 1. Legislative Republicans have been pushing back against the late carve-outs to the deal approved last year.

New research finds that California could save massive amounts of water if its farmers switched to less thirsty crops — a scenario that’s not likely to happen soon, writes CalMatters water reporter Rachel Becker.

Using satellite data and artificial intelligence, researchers at UC Santa Barbara and the NASA Jet Propulsion Laboratory calculated how much water certain crops used. They discovered that by planting crops such as grains and hay instead of almonds and alfalfa, California farms could use as much as 94% less water. The study, published in Nature Communications, also found that: 

• Fallowing about 5% of the fields with the thirstiest crops would also cut water use by about 10%. 
• Farms in the southern Central Valley (such as Kern and Kings counties) used water most efficiently, while farms in the northern valley and around the Sacramento-San Joaquin Delta were the least efficient.

But whether farmers want to switch to these less thirsty, but less profitable, crops — even as climate change squeezes water supplies — is the big question. While some California farmers are experimenting with more drought-resistant crops, the agriculture and livestock industries are valued at $59 billion. The state is also known for its high-value specialty crops that can’t grow easily in other environments, such as pistachios, walnuts and wine grapes. 

• Alexandra Biering, California Farm Bureau senior policy advocate: “At the end of the day, as a society we’ve left it up to farmers to decide what to grow with the resources they have based on what the market demands.”

To learn more about the study, read Rachel’s story.

CalMatters Commentary

CalMatters columnist Dan Walters: Gov. Newsom and legislative leaders are resorting to accounting gimmicks, borrowing and wishful thinking to deal with a serious fiscal crisis.

When Wall Street banks are spending billions on AI, California’s proposed safeguards are a step in the right direction, writes Justin Kloczko, a tech and privacy advocate for Consumer Watchdog.