A measure to reform California’s crime referendum that downgrades penalties for petty theft and drug possession will be on the ballot in November after receiving an unprecedented number of signatures. The 2014 law in question, Proposition 47, reclassified several felonies, including retail and property theft, as misdemeanors. Under Prop 47, petty theft of goods valued under $950 and certain narcotics possession offenses were converted to misdemeanors. A ballot initiative to amend Prop 47, called the Homelessness, Drug Addiction, and Theft Reduction Act, secured over 900,000 citizen signatures, far surpassing the required amount for an official vote in November.
Sacramento County District Attorney Thien Ho, who supported the effort, noted the overwhelming popularity of the initiative, with residents from various backgrounds showing strong support for the reforms. Prop 47, enacted in 2014 with the aim of reducing incarcerations, can only be changed through a direct vote of the people. Ho highlighted several unintended consequences of Prop 47, which he identified as contributing to a fentanyl crisis, a retail theft crisis, and a homeless crisis. Cases of theft in retail establishments and fentanyl overdoses have surged, prompting the need for reforms to address these issues.
If the initiative passes, it would add fentanyl to the list of hard drugs prohibited for possession with a firearm and authorize stricter penalties for selling dangerous quantities. Traffickers whose activities result in death or serious injury could face harsher consequences, including potential murder charges for continued drug trafficking leading to fatalities. The measure would also reclassify repeated theft as a felony for individuals with prior theft convictions, and provide judges with the authority to impose enhanced penalties for certain crimes, such as organized theft. Offenders with multiple drug possession convictions would have the option to participate in treatment programs instead of incarceration.
Democratic progressive mayors London Breed of San Francisco and Matt Mahan of San Jose endorsed the reform campaign, highlighting the need to address the unintended consequences of Prop 47. Breed, a former supporter of Prop 47, acknowledged the challenges faced by cities dealing with increased illegal drug use and theft, where lack of consequences for crimes has become a significant issue. The initiative aims to address these challenges by introducing changes to the existing law that would allow for stricter penalties for repeat offenders and enhanced consequences for organized theft schemes and property damage.
The initiative also introduces a new crime category called “treatment-mandated felony,” giving offenders with multiple hard drug convictions the option to undergo drug and mental health treatment in place of incarceration. Offenders who successfully complete treatment could avoid jail time and have their charges expunged. Business owners in California, such as Tony Konja of Keg N Bottle, support the initiative as a way to combat crime that affects their livelihoods. The success of the ballot initiative lies in its common-sense approach to addressing the rise in criminal activity, particularly theft and drug-related offenses, that have plagued communities across the state.
The support for the reform campaign indicates a widespread desire for change among Californians, who have seen the negative impacts of reduced penalties for theft and drug possession. By amending Prop 47, the state aims to strike a balance between reducing mass incarcerations and ensuring public safety. The proposed changes, if approved, would provide law enforcement with additional tools to combat organized crime, while also offering offenders the opportunity for rehabilitation and treatment. As the November election approaches, the future of California’s crime laws rests in the hands of voters who will decide whether to implement these significant reforms.
