The 36th Proposition, the most discussed among the ten ballot measures of the 2024 California election, officially became effective on the 18th. The new law increases penalties for repeat thieves and individuals involved in the possession and trafficking of fentanyl drugs, while also establishing mandatory drug rehabilitation programs. In the days since its implementation, several thieves have been arrested and faced serious charges.
Ten years ago, California passed Proposition 47, the “Safe Communities and Schools Act,” which categorized thefts, property crimes valued at $950 or less, and drug-related crimes as misdemeanors. To reverse this law, in November of this year, nearly seventy percent of California voters supported Proposition 36, also known as the “Reducing Homelessness, Addiction, Retail Theft Act.” The new law presents solutions to three key issues, with voters particularly supporting the provision that categorizes “those with two or more theft convictions totaling over $950 as eligible for felony charges.”
While most new laws passed in 2024 will take effect on January 1, 2025, Proposition 71, passed in 2018, stipulates that the effective date may be set on the fifth day after the Secretary of State confirms the election results (December 13th).
On the day following the enactment of Proposition 36 (19th), Kern County, Bakersfield, police arrested 25-year-old Dustin Towery, who is facing felony charges. District Attorney Cynthia Zimmer stated that Towery and another suspect stole two electric scooters from the Target store with a total value of $879, and the stolen items were recovered.
Towery is currently in custody without bail and has pleaded not guilty, with a court appearance scheduled for January next year. Local media outlet “Bakersfield Now” reported that from 2018 to 2020, Towery committed six theft-related crimes, including multiple burglaries and possession of stolen vehicles.
In a press release, Zimmer expressed that for a long time, “our streets have been crowded with homeless individuals, drug overdoses have become more common, businesses have struggled to deal with frequent ‘smash-and-grab’ crimes, and residents have been frustrated by offenders being released back into the community hours after being apprehended due to lenient laws.” The new law aims to address these challenges directly, with a focus on improving public safety.
According to ABC7, a video posted on social media by the Seal Beach Police Department in Orange County showed three women stealing approximately $1,635 worth of items from an Ulta Beauty store. Prior to this, the same individuals stole thousands of dollars worth of items from a Kohl’s store. The three suspects, Destiny Bender, Deanna Hines, and Michelle Pitts, aged 24, 24, and 26 respectively, have been arrested and charged with grand theft, conspiracy, and resisting arrest.
The latter part of the video records a conversation between the two suspects in the back of a police car. One woman asks, “Is this a felony?” The other replies, “Under the new law, theft is a felony.” The former then asks, “So, which county is this in?” to which the response was, “Orange County, they’re not playing around.” The police department described this as a “friendly reminder” regarding Proposition 36, stating that the new measure enhances their determination to combat organized retail theft.
According to a report from the California Public Policy Institute in August, commercial theft cases in the state have surged by 28% over the past five years compared to 2019, with an increase of 24,000 reported incidents. Californians still remember some video footage showing groups of individuals rushing into stores, grabbing merchandise, and leaving without payment, or robbers smashing display cases with hammers and looting cash registers or customers, only to evade justice afterwards.
Proposition 36 received support in all 58 counties of California. In Los Angeles, San Diego, Sacramento, and San Francisco counties, where Democratic voters are the majority, it received 64.4%, 65.3%, 68.4%, and 63.9% support respectively. In the three populous counties of Southern California – Orange, Riverside, and San Bernardino, the measure gained 74.5%, 73.1%, and 73.1% approval. The total voter support rate for the measure was 68.4%, consistent with pre-election opinion polls.
Orange County Sheriff Don Barnes, also the president of the California State Sheriffs’ Association for 2024-2025, provided a detailed explanation of Proposition 36 in a press release on the 18th.
“The measure includes many solutions proposed by both parties over the past decade, attempts that were repeatedly blocked by the state legislature. The failure to act on new issues like fentanyl has had tragic consequences. Now, the people of California have taken action where state leaders have failed,” Barnes said. Proposition 36 “provides law enforcement agencies an opportunity to further protect our communities from the adverse effects of ineffective public policies.”
He highlighted three aspects:
1. Theft: Repeat offenders with two theft convictions may face felony charges, regardless of the value of the stolen property. Law enforcement agencies can now aggregate the value of stolen property in multiple theft cases to meet the $950 threshold; it increases penalties for “smash-and-grab” crimes and for groups of two or more individuals committing theft or causing damage valued over $50,000.
2. Fentanyl Trafficking: Those trafficking large quantities of fentanyl will face incarceration and harsher penalties; if drug trafficking results in death, traffickers could face murder charges, known as “Alexandra’s Law.” Fentanyl has been added to the list of “hard drugs,” and possession of this substance along with a firearm containing bullets is illegal.
In 2019, 20-year-old Alexandra died from accidentally ingesting fentanyl. Her name was used to propose “Alexandra’s Law,” aimed at controlling substances. Over 40 politicians from both parties were backers of the bill. In 2023, the bill was discussed three times in the Senate Public Safety Committee but did not pass.
“Hard drugs” refer to substances with extremely potent effects, dangerousness, and addictiveness, such as heroin, cocaine, methamphetamine, ecstasy, opioids, morphine, and ketamine. “Soft drugs” are considered less harmful and include cannabis products, sedatives, stimulants, caffeine, nicotine, and alcohol.
3. Mandatory Treatment (Rehabilitation): Introduce “felony forced treatment.” Prosecutors have the discretion to charge individuals with this felony after two drug convictions for possession of hard drugs. Those accused of “felony forced treatment” can choose to undergo drug and mental health treatment; upon successful completion, charges may be dropped, while those refusing treatment will face imprisonment.
Barnes emphasized that ultimately, engaging in criminal activities remains a personal choice, but for a long time, those making wrong choices faced minimal consequences. “Now, Proposition 36 clearly states that those who choose to commit crimes will be held accountable.”
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