Californians have spoken and they want harsher penalties for crime. Proposition 36, a ballot measure imposing increased punishment for certain drug, theft and property crimes, passed overwhelmingly in the deep-blue state.
The new measure will roll back parts of 2014’s Proposition 47, which reduced certain non-violent felonies to misdemeanors. While some proponents of Proposition 47 viewed the law as a win for criminal justice reform, others blamed it for a rise in homelessness, crime and substance abuse.
Proposition 47 allowed shoplifting items worth $950 or less from stores to become a misdemeanor. Under Proposition 36, shoplifting items worth that amount is now a felony if the person has two or more previous convictions for certain theft crimes. This would carry a penalty of up to three years in prison.
Proposition 36 also allows some individuals caught with illegal drugs — such as fentanyl, heroin, cocaine or methamphetamine — to be charged with a “treatment-mandated felony” instead of a misdemeanor.
The passed ballot measure also requires courts to warn people that selling or providing illegal drugs that result in death could lead to a murder charge, making it easier to convict them if this occurs.
Democratic Gov. Gavin Newsom opposed the measure, calling it “too harsh.”
Many California business owners, tired of the spate of smash-and-grab crimes, backed the measure, as did Democratic Mayors London Breed of San Francisco and Matt Mahan of San Jose.
Also in Los Angeles County, voters elected District Attorney Nathan Hochman in a wide margin over incumbent George Gascón, a registered Democrat who is seen by many as a soft-on-crime progressive prosecutor.
Hochman, a former federal prosecutor, ran as an independent.
“I’m so looking forward to the opportunity to be your partner and going after criminals in the most fair, impartial, and most consistent way we can possibly do it,” Hochman said during his victory speech. “We will go ahead and get back in the business of justice—making crimes illegal again.”
