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Your guide to Proposition 36: Stiffer penalties for some drug and theft crimes

Three handcuffs connected
(Los Angeles Times)
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This measure asks voters to change parts of Proposition 47, a controversial ballot initiative passed in 2014 that turned some nonviolent felonies into misdemeanors.

For the record:

6:36 p.m. July 10, 2024A previous version of this article stated that Proposition 36 would change the law to make a third conviction of theft, regardless of the value of the merchandise, a felony punishable by up to three years in prison. In those cases, a person could face a sentence in either county jail or prison.

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What will the measure do?

Under Proposition 36, an offender with two prior convictions for theft could be charged with a “wobbler” felony regardless of the value of the merchandise, meaning a judge would retain discretion to reduce the charge to a misdemeanor. The ballot measure also allows judges to sentence convicted drug dealers who traffic in large quantities of hard drugs, including fentanyl, or who are armed with a firearm while trafficking the drugs to state prison instead of county jails. Proposition 36 also would authorize greater consequences for hard drug dealers whose sales of fentanyl kill or seriously injure a person who uses those drugs, and would authorize a judge to warn convicted dealers that they could be charged with murder in the future if someone dies as a result of the drugs they sold.

It is expected to cost the state hundreds of millions of dollars annually.

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Who are the supporters?

Proponents include prosecutors and law enforcement leaders, including the California District Attorneys Assn., which is mostly comprised of conservative prosecutors, and the California Sheriff’s Assn. Noteworthy politicians who support Proposition 36 include San José Mayor Matt Mahan and San Francisco Mayor London Breed. The California Republican Party has endorsed the measure.

Large retailers, such as Walmart, Target and Home Depot have been major contributors to Proposition 36.

Supporters argue that tougher criminal penalties are needed to curb theft and the rising use of fentanyl.

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Who are the opponents?

Gov. Gavin Newsom and top Democratic legislative leaders initially opposed asking California voters to alter Proposition 47, but then proposed their own ballot measure as an alternative to the prosecutor-led, tough-on-crime measure. They quickly withdrew that proposal, however, just days after announcing it.

Criminal justice reform groups and human rights activists have been outspoken against altering Proposition 47, saying that it will lead to an increase in the state’s prison population and the associated costs. California Attorneys for Criminal Justice, which is composed of criminal defense attorneys, has called it “draconian.”

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Past coverage

A measure to impose harsher penalties for drug possession and theft, altering the controversial Prop. 47 passed in 2014, has qualified for November’s ballot.

June 12, 2024

A coalition backing a tough-on-crime statewide ballot initiative to toughen penalties for retail theft and some drug offenses on Thursday submitted more than 900,000 voter signatures backing the measure, a strong indicator that it may come before California voters in November.

April 18, 2024

Gavin Newsom could save the state $1 billion annually by closing five more prisons, analysts say. The governor finds himself in a precarious political spot.

April 1, 2024

Meanwhile, supporters of an initiative to repeal parts of Proposition 47 say they will soon submit enough signatures to qualify their measure for the November ballot.

April 10, 2024

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