In 2024, California voters overwhelmingly approved Proposition 36, sending a clear message that the status quo on retail theft and repeat offenders would not continue. Prop. 36 restored accountability by strengthening penalties for serial theft, protecting businesses, and ensuring proper resources for law enforcement.
Now, your Sacramento politicians are moving to undermine you. Assembly Bill 322, introduced by Assemblymember Chris Ward, would restrict how law enforcement can access and use location data, including license plate recognition information. It blocks shopping centers, business districts, and property owners from sharing license plate data with law enforcement unless a court order is first obtained. Even in active investigations, the bill forces the deletion of this data within 30 days, meaning vital evidence could disappear before law enforcement even has a chance to use it.
As a veteran, retired sheriff’s captain, and now city councilmember, I know firsthand how crucial this evidence is in investigating, arresting, and prosecuting dangerous criminals. I am responsible for the safety of my city and this blatant attack on Prop. 36 will endanger our residents and law enforcement officers.
This is not what voters intended when they passed Prop. 36. When passed, it was assumed that law enforcement and the courts would have effective tools to monitor offenders, investigate cases, and keep communities safe. AB 322 strips away those tools and replaces them with red tape, directly undermining what was demanded by the voters.
Across San Diego County and the state, businesses are under siege from retail theft. Police officers and deputies rely on tools like license plate recognition to connect stolen vehicles to organized theft rings, track down repeat offenders, and enforce conditions of release. Without these tools, criminals gain the advantage, and the public pays the price.
AB 322 paints all use of data with the same brush, lumping in businesses working with police to stop crime with unrelated commercial data brokers. That false equivalence threatens community safety while doing nothing to improve consumer privacy.
Voters made their choice clear with Prop. 36. Now let me make it clear, we need to stop allowing bills like AB 322 to undercut the will of our voters and place public safety at risk.
Lawmakers need to listen to the voters and reject AB 322 before it undermines Prop. 36.
Ed Musgrove is a San Marcos city councilmember and candidate for State Senate in District 40.
