Californians should support and vote for Proposition 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” which compassionately reforms the disastrous Prop 47 and does not eliminate it.
Prop 47 passed in November 2014 with Kamala Harris’s crucial support, which inspired Illinois, New York, and others to also pass soft-on-crime laws. Since passage, as widely seen on television and social media, Prop 47 caused significant increases in shoplifting, smash and grab robberies, porch piracy, car break-ins, and drug addicts and homeless who live on the streets and other public places, sometimes suffering from serious health problems. It’s so bad that many crime victims don’t file reports because they know that no one can do anything about it.
This is because Prop 47 reduced several crimes from felonies to misdemeanors, such as illegal drug possession (including Fentanyl and Rohypnol), shoplifting, grand theft, forgery, check fraud, or receiving stolen property for anything valued under $950 per incident, even if the stolen item is a firearm. Prop 47 applied both prospectively and retroactively, which meant that criminals with prior felony convictions could get them reduced to misdemeanors and then resentenced and/or released.
Common sense and human nature dictate that removing the risk of arrest, prosecution, and consequences for property crimes, illegal drug use, and/or homelessness will cause more. Prop 47 therefore caused California neighborhoods and schools to be less safe with a lower quality of life. Cities like Oakland and L.A. usually do not prosecute property crimes and general misdemeanors. Unsurprisingly, California’s statewide clearance rate for all property crimes is just 6.6%, meaning thieves have a 93.4% chance of getting away.
Prop 47, and the criminals whom it enables, have held California hostage. The good news is that on Tuesday, November 5, 2024, Californians can and should vote for Prop 36, which gives California judges, most of whom are liberal, more discretion in sentencing and drug treatment or diversion programs (thus precluding “mass incarceration”), and provides the police and district attorneys with the tools they need to deter crimes and improve the quality of life for Californians, especially kids.
Many politicians, including Governor Newsom, tried to deceive voters ahead of November 5. For example, to confuse voters, they put forward intentionally ineffective legislative bills, tried to place a competing ballot initiative, and now falsely claim that reforming Prop 47 will cause “mass incarceration,” which it will not.
Governor Newsom should know better; he admitted that he directly witnessed a shoplifter at Target stroll right by him and his protective detail, and he could not have missed seeing merchandise locked behind plexiglass. Recently he deployed numerous attorneys and CHP officers to Oakland to fight the sky-high crime there, further admitting Prop 47’s failure.
Prop 36 has broad, bipartisan support among municipal leaders, law enforcement, and district attorneys offices. For example, London Breed, a Democrat and San Francisco’s first African-American female mayor, said that she “fully supports” Prop 36 and that “it will make a meaningful difference for cities across California.” Likewise, Matt Mahan, the Democrat mayor of San Jose, supports Prop 36 and said that “Prop 47 was well-intended but … unfortunately, it’s hurting far too many families and small business across the state … We need reform.”
Prop 36 similarly has broad, bipartisan support from the general public. According to the U.C. Berkeley Institute of Government Studies, 60% of likely voters support Prop 36, as do 66% of senior citizens (whom criminals often target) and 73% of Latinos, who often are small business owners and victims of retail theft and assault/battery.
On November 5th, Californians must vote in favor of Prop 36 and, in doing so, speak up and speak out against out-of-control crime and worsening quality of life. California’s future depends on it.
John Shu is a legal scholar and commentator based in California. He served in the administrations of Presidents George H. W. Bush and George W. Bush.
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