For a decade, California has been running an experiment, trying to solve the problem of mass incarceration by lowering the quality of life for everyone in the state. Back then, the state passed Proposition 47, which increased the felony-theft standard to $950 and eliminated enhanced penalties for repeat offenders. California was met with an orgy of theft.
First came the porch pirates, the people who stole delivered packages from front doors, betting there would be less than a thousand dollars of goods in them. Then came the rampant rear-window car theft. If you left your book bag or briefcase in the backseat of the car, a thief would smash the rear window and pilfer it. Soon afterward followed the routine smash-and-grab robberies that would drive convenience stores and pharmacies out of even heavily populated neighborhoods that desperately needed them. Now, in many California cities, even the most basic pharmacy products are under lock and key. Residents hide their bags in the trunk or don’t take out valuables as much.
Proposition 36 would restore enhanced penalties for repeat offenders and would allow felony charges if repeated shoplifting resulted in $950 in losses over multiple thefts. It would give cops tools to finally discourage theft.
Proposition 36 also addresses itself to the fentanyl crisis. It means anyone convicted of selling or providing drugs would be warned that they can be charged with murder if one of their users dies. Longer sentences could be imposed based on the amount sold. This would allow courts to distinguish between small-time hustlers and members of professional smuggling gangs. It also allows for mandated treatment sentences, which may help some users manage or abandon bad habits before they become problems for the community.
Proposition 36 has received heavy support from retailers, and Governor Gavin Newsom has ceased campaigning against it.
The ballot measure obviously won’t solve all of California’s crime problems; progressive prosecutors can still find ways to under-charge or release problem offenders back in the community. But it would be a welcome sign that chronically misgoverned California wants to take steps to restore basic deterrents to crime and finally re-establish public order.