California’s Proposition 36, a grassroots crime-fighting initiative, held a strong lead as early results came in on Nov. 5.
The bipartisan initiative creates tougher penalties for serial retail theft and smash-and-grab burglaries.
It also includes Alexandra’s Law—a measure to establish warnings for suspected drug traffickers when they are arrested. The warning would require law enforcement to warn them that if the drug they provide results in death, they could face murder charges.
In some cases, suspects who possess illegal drugs at the time of the arrest would be required to complete a treatment program or serve up to three years in prison.
A “no” vote would mean the punishment for drug and theft crimes would stay the same, in accordance with the state’s current Prop. 47 measure passed by voters in 2014.
The coalition behind the proposition—the California District Attorneys Association and California for Safer Communities—said the initiative would amend the controversial Prop. 47 and hold repeat retail theft and drug criminals more accountable. The group also claims the proposition would incentivize treatment over jail time for drug users and sellers.
“This is a battle for the future of California, and it’s a battle for the future and health for the businesses of California,” Greg Totten, president of the group behind the ballot initiative, told The Epoch Times at a June 12 press conference in Sacramento.
Another supporter, Gina McDonald, cofounder of Mothers Against Drug Addiction and Deaths, said in a campaign filing that tougher punishment was needed to curtail the state’s drug trafficking.
Opponents, including Newsom, said the proposal goes too far.
“Retail theft and fentanyl are real problems. Californians deserve real solutions,” Cristine Soto DeBerry, executive director of the Prosecutors Alliance Action; Don Frazier, executive director of the Reentry Providers Association of California; and David Guizar, co-founder of Crime Survivors for Safety and Justice, wrote in an opposition statement.
Unintended Consequences
Prop. 36 overturned some aspects of current crime law voters approved when they passed Prop. 47 in 2014.Prop. 47—billed as the “Safe Neighborhoods and Schools Act”—has become increasingly controversial in California as retail crime, especially flash-mob style theft, has gone viral.
The crime law was passed after California was ordered to reduce prison overcrowding in 2009 by a federal court decision.
Under Prop. 47, prison and jail populations decreased sharply, as did arrests for drug and property crimes.
The proposition took effect immediately after it passed on Nov. 5, 2014.
Receiving stolen property valued at less than $950 was also reduced to a lesser charge, as was forgery, fraud, writing a bad check, and the personal use of most illegal drugs.
Vice President Kamala Harris, who advocated for the passage of Prop. 47, when she was California’s attorney general, reportedly declined to reveal on Sunday how she voted on Prop. 36.
Changes were also added to California’s criminal law during the COVID-19 pandemic, which allowed prisoners to be released early.
The state’s Judicial Council, a body that creates policy for the state’s court system, adopted a statewide emergency bail schedule that set bail at $0 for most people accused of misdemeanors and lower-level felonies. Several counties instituted the zero-bail policy after the pandemic, choosing to make it a permanent policy.