At its most recent meeting, the California Chamber of Commerce Board of Directors took a support position on Proposition 36, a November ballot measure that would allow felony charges for thefts under $950 with two prior theft convictions and allows felony charges for possessing certain drugs, including fentanyl, with two prior drug convictions.
The CalChamber supports this measure because retail theft harms California businesses and residents. Increasing penalties for offenses will hold criminals accountable and deter future offenses. The low penalties currently in place create little incentive to report, prosecute, and punish offenders, meaning that criminals are let back out into communities. Prop 36’s heightened penalties are intended to break that cycle.
Moreover, fentanyl is now responsible for 20% of youth deaths in California. Defining fentanyl as a hard drug will hold drug dealers accountable and gives judges tools to impose harsher sentences for drug trafficking crimes.
Breaking the cycle of retail theft also requires addressing the causes of theft. This proposition provides mental health, drug treatment services, and job training for those struggling with homelessness, substance abuse or mental illness.
Prop 36
Proposition 36 intends to tackle two key public safety issues facing California: retail theft and fentanyl. With regard to retail theft, the initiative would increase penalties for individuals who repeatedly engage in theft, address the growing problem of smash-and-grab thefts, and address coordinated theft efforts among multiple individuals. Specifically, the initiative would add language to the Penal Code that:
- Clarifies that the value of property stolen in multiple theft or shoplifting acts can be aggregated into a single count or charge. This makes it easier to reach the $950 threshold that makes felony charges available.
- Reinstates “petty with a prior,” where after two prior theft convictions, a subsequent theft conviction can be charged as a felony. This provision includes the discretion to refer a defendant to a diversion program.
- Adds sentencing enhancement for the damage or destruction of property that occurs during the commission of a felony or attempted felony.
- Creates a new sentencing enhancement for persons who work in concert with others to commit theft or damage property in the commission of a felony. This is aimed at organized retail theft rings.
To address the fentanyl crisis, Proposition 36 would provide mental health and drug treatment for people addicted to hard drugs, including fentanyl, heroin, and methamphetamine. It would also add fentanyl to several existing laws, such as those that: (1) prohibit the possession of hard drugs while armed with a firearm, and (2) prohibit the trafficking of large quantities of hard drugs.
The initiative also authorizes judges to use discretion to sentence drug dealers to state prison rather than county jail when convicted of trafficking hard drugs in large quantities or being armed with a firearm while trafficking. The initiative would also reinstate penalties for hard drug dealers when their trafficking kills or seriously injures a user and would warn convicted drug dealers or manufacturers that they can be charged with murder if they continue to deal drugs.
The CalChamber supported the recent retail theft package signed into law by Governor Gavin Newsom last month. While the bill package made many improvements in public safety policy, Prop 36 goes further in addressing other important areas.
