In 2014, California voters passed Proposition 47, which reduced some serious crimes to misdemeanors; now, ten years later, voters are considering repealing this law to impose harsher penalties on offenders.
“A thief was caught multiple times within one day, but all we could do was issue a citation and let the person go. Due to laws like Proposition 47 in California, thefts under $950 are not considered serious crimes and prosecutors do not press charges. It is really frustrating. I hope there will be a change after the November election,” said a police officer in a Chinese community in Los Angeles.
With less than two weeks left until the presidential election on November 5th, voters are deciding whether to support Proposition 36 on the ballot, also known as State Measure 36, which aims to crack down on drug and theft offenders. This proposition directly targets the reforms of Proposition 47.
Proposition 47 aimed to reduce the prison population in California. Led by then California Attorney General and current Democratic presidential candidate Kamala Harris, the measure was supported by over 60% of voters and passed. However, as the law went into effect, more and more studies showed a direct correlation between Proposition 47 and the surge in California’s crime rates.
On October 17th, a paper from the Manhattan Institute for Policy Research outlined the impact of Proposition 47. The law reduced some drug and theft offenses, including minor drug possession, check fraud, and grand theft, from felonies to misdemeanors.
Researchers analyzed data from Riverside County with approximately 2.5 million residents and San Bernardino County with over 2.1 million residents and found that Proposition 47 led to higher rates of repeat offenses, more offenders failing to appear in court, and more cases being dismissed. From 2014 to 2023, the number of cases dismissed in Riverside County alone increased by approximately 200%. Researchers stated that the practice of dismissing cases to reach plea agreements is harmful, as many criminals continue to offend without fear of consequences.
Hannah Meyers, Director of Policing and Public Safety at the Manhattan Institute, said, “Misdemeanants commit many new misdemeanors while their cases remain unresolved and they are increasingly unlikely to appear in court.” She believes that serious crimes in California have not decreased but have been reclassified as misdemeanors. Proposition 47 also led to a significant decrease in criminal convictions and arrest rates. If a similar study were conducted throughout California, the results might be even more astonishing.
The study also found that since the enactment of Proposition 47, the time needed to resolve a single case increased by nearly 15%, worsening annually. By 2023, the average time to resolve a case had increased by 61% compared to before 2014.
The surge in crime rates triggered by Proposition 47 also had another consequence – a proliferation of drug abuse. The Manhattan Institute’s report concluded that retail thefts also fueled the addiction of many substance abusers: due to reduced deterrents for criminal behavior, an increasing number of long-term substance abusers engage in theft and use stolen items to exchange for money or drugs.
Many law enforcement officials in California have confirmed this viewpoint; some district attorneys in the area also stated that due to lenient punishments for serious crimes, drug treatment programs under the court’s jurisdiction are nearly abandoned. Knowing that drug possession does not lead to incarceration, many drug dealers become even more emboldened.
However, Governor Newsom of California holds a different view. In a press release on October 4th, he stated, “Compared to before voters approved Proposition 47, California’s crime rate has decreased, and repeat offenders have also decreased.” He also mentioned that this law saved the state government $167 million, which will be used to provide treatment and support services for local governments and institutions.
Nevertheless, a report from the California State Auditor in July pointed out that since the implementation of Proposition 47, the number of habitual offenders convicted of theft at least four times has been on the rise.
Jawad Ursani, the owner of a 7-Eleven franchise in the community for nearly 25 years, stated, “Since laws like Proposition 47 in California went into effect, I have witnessed an increase in crime rates.”
In August and September of this year, Ursani’s convenience store was robbed by flash mobs of dozens of people twice, resulting in significant losses. He believes that the safety of community businesses and every resident is of utmost importance, “thus I urge everyone to vote in support of Proposition 36, to crack down on criminals and combat retail theft.”
Proposition 36, also known as the “Reducing Homelessness, Addiction, and Theft Act,” includes requirements for arrested substance abusers to complete a recovery program or face felony charges; increased penalties for fentanyl traffickers; and for repeat theft offenders, the third arrest, regardless of the amount involved, will result in felony charges.
“A California gripped by rising crime rates and the trafficking of deadly drugs like fentanyl.” A group of law enforcement and community advocates stated in a support statement submitted to the Secretary of State, “Proposition 36 will clean up the mess that politicians have long ignored.”
Recent polls indicate that most Californians support Proposition 36. In the November election, a “Yes” vote from voters signifies agreement to harshly penalize theft offenders and drug traffickers; while a “No” vote signifies disagreement.