As we bid farewell to the old and welcome the new, one of the most significant and memorable events for Californians in 2024 should be Proposition 36, which reflects the will of California voters: to make shopping and living safer for residents, reduce homelessness through mandatory detox and treatment, and harshly punish fentanyl traffickers to protect lives.
Re-elected as the Representative of the 3rd Congressional District, Kevin Kiley expressed his gratitude to all who signed petitions and voted to bring back sanity to California. With the enactment of Proposition 36, he stated that “crime has once again become illegal in California,” leaving thieves shocked to find that theft is now a serious offense.
“Our initiative overwhelmingly passed in every county of California, including in Governor Newsom’s home county of San Francisco,” Kiley said. In addition, Los Angeles Prosecutor George Gascón lost, and prosecutors in San Francisco and Alameda County (Oakland) were removed from office.
“The victory of Proposition 36 is hopeful, proving that we have the ability to overturn decisions made by the Governor and the absolute majority of the state legislature. Next, Californians can continue with other ballot measures, such as voter ID, school choice, water storage, tax reduction, protecting girls in sports, and ending early release of inmates,” Kiley stated in his victory speech. “Our communities are worth protecting, our state is worth fighting for, and our country is worth saving.”
In 2014, California voters approved Proposition 47, the “Safe Neighborhoods and Schools Act,” with 59.6% of the vote, making thefts of $950 or less, check forgery, bonds and orders, or fraud under $950 a misdemeanor. Instead of enhancing community and school safety, it led to a surge in criminal activities, resulting not only in property loss for individuals and businesses but also endangering lives.
When people reported crimes, the first question the police asked was, “How much money did you lose?” because cases involving less than $950 could not be pursued. Thieves were able to commit multiple thefts within a day without consequences as long as each did not exceed $950.
In July 2024, a group comprising a 26-year-old and two 18-year-olds, armed robbers, committed a fatal robbery at the Fashion Island shopping center in Orange County, leading to the death of a New Zealand female tourist; in January 2022, three gang members in Los Angeles robbed at gunpoint and killed an off-duty officer during a robbery.
Proposition 36 passed with a 68.4% approval rate (approximately 10.3 million votes), overturning Proposition 47. Among the 58 counties, three counties had support rates exceeding 80%; 17 counties had 75-80% support; 13 counties had 70-75%; 22 counties had 60-70%; and the support rate in four counties fell between 53-60%.
San Diego County Prosecutor Summer Stephan stated in a press release that Proposition 36 restored the rule of law, allowing law enforcement not to stand by when businesses faced challenges, as thefts took away their livelihoods and threatened the safety of employees and customers. The bill clearly outlined that authorities would counterattack fentanyl traffickers who took young lives and humanely address drug addiction issues, which fueled crime and homelessness while promoting treatment and recovery.
Since the enforcement of Proposition 47 for over a decade, amendments were repeatedly proposed by lawmakers but never succeeded in a legislature controlled by a Democratic majority. In August 2023, lawyer Thomas W. Hiltachk, who drafted multiple ballot measures, proposed an amendment for Proposition 47: the “Homelessness, Drug Addiction, and Theft Reduction Act.”
On October 27, the initiative was approved to gather signatures and needed to collect around 550,000 signatures by June 27, 2024. Subsequently, more and more people joined in signature gathering starting from the Sacramento area. According to ballotpedia.org, signature-gatherers declared in mid-April that over 900,000 signatures had been submitted; by June 11, the Secretary of State announced a total submission of over 650,000 signatures, qualifying the initiative for the November election.
Official supporters included four Republican Congressional Representatives, six Democratic State Senators, four State Assembly members, the mayors of San Francisco, San Diego, San Jose, and Elk Grove, Sacramento County District Attorney Thien Ho, and support from the California Republican Party.
Some chambers of commerce and police organizations in California also supported the measure, as did companies like Allied Universal, In-N-Out Burgers, Walgreens, and Macy’s. Walmart donated $3.5 million, Target donated $1.5 million, Home Depot donated $1 million, and 7-Eleven donated $545,000 by October 19.
Co-Chair of the campaign committee Anne Marie Schubert stated, “We have received an enthusiastic response from people across California who want safer communities, accountability for habitual thieves, and mandatory treatment for drug offenders.”
Tom Wolf, Director of the West Coast Initiative of the Drug Policy Solution Fund and founder of the Pacific Institute for Prevention and Recovery, mentioned, as per the provisions of Proposition 47, he was arrested six times before spending three months in jail for detox, leading to a transformation. Proposition 36 helps in early apprehension, enabling drug addicts to receive treatment sooner and return home.
Official opponents included U.S. Senator Alex Padilla, Governor Newsom, 16 Democratic State Senators, two State Assembly members, California Attorney General Malia M. Cohen, and mayors of Sacramento and three directors from Los Angeles County, along with opposition from the California Democratic Party.
Opponents comprised the California Teachers Association, Nurses Association, SEIU Western Union Healthcare Workers Association, as well as organizations like the ACLU of California, Anti-Recidivism Coalition, and Drug Policy Alliance.
By October 19, opponents raised nearly $6 million, with contributions including $1 million from Patty Quillin, wife of Netflix co-founder and CEO Reed Hastings, and $1 million from Stacy H. Schusterman, heiress and founder of Samson Energy.
Founded in 1961, the Vera Institute of Justice advocates for ending over-incarceration and conviction of people of color, immigrants, and the poor, attributing a 28% decrease in prison population to Proposition 47, a progress that Proposition 36 would diminish, reducing racial disparity in prisons.
Governor Newsom also expressed opposition, stating, “Proposition 36 takes us back to the 1980s, promoting an unfulfillable promise. I ask those who support it, especially the mayors, where are the treatment facilities and beds? There isn’t a single inpatient facility in 22 counties; I say, they are deceiving you.”
Newsom’s office released a press statement emphasizing that since 2014, the state government has utilized the funds released following the implementation of Proposition 47 to complete the fourth round of allocations, granting $167 million to 27 governments and community organizations for mental health and substance abuse projects, a funding that Proposition 36 will reduce.