CA AB3209

Courts must consider issuing criminal protective orders prohibiting defendants from entering retail establishments (including parking lots and chain/franchise locations) for up to two years when sentencing for shoplifting, retail theft, organized retail theft, retail vandalism, or battery/assault of retail employees

Prosecutors, city attorneys, county counsel, or retail establishment attorneys may petition for restraining orders against individuals arrested two or more times for qualifying offenses at the same retail establishment, with orders issued after a hearing requiring proof by preponderance of the evidence

Courts must consider whether the retail establishment is the only source of food, pharmaceuticals, or basic necessities within one mile of the person's residence before imposing restrictions that would create undue hardship

Violations of retail crime restraining orders are misdemeanor offenses, and officers are not required to issue a written notice to appear for violations (allowing custodial arrest)

Retail crime restraining orders must be entered into the California Restraining and Protective Order System and transmitted through CLETS within one business day of issuance