California voters leaned hard into tough-on-crime policies that might have seemed like a conservative ballot measure in previous election cycles. Casting a shadow over a decade’s worth of progressive reforms, Californians overwhelmingly approved Proposition 36, which increases penalties for certain retail theft and drug offenses, effectively rolling back aspects of Proposition 47—a 2014 initiative that reduced sentencing for nonviolent crimes.
According to preliminary results cited by
SFGate
, Prop 36 passed with a mammoth margin of 40 percentage points, or 70.6% to 29.4%. In the particulars of the measure, theft of $950 or less from retail stores can now be classified as a felony, if the offender has two or more past convictions for certain theft crimes. This new law also increases sentences for drug crimes such as dealing substances like fentanyl, and they must be served in state prison, instead of county jail.
average sf street sign
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The $950 threshold has itself become somewhat of a point of mockery. In July 2024, an artist posted faux signs as political commentary suggesting criminals are actually permitted to steal anything with value below that $950.
Supporters behind this initiative included prosecutors, law enforcement, and retailers who argued that Proposition 47 emboldened criminals and contributed to the surge in smash-and-grab crimes and shoplifting incidents. In fact, a study from the Public Policy Institute of California found that the rate of reported shoplifting incidents in 2023 had seen an all-time high since the year 2000. “The public has awakened to what they’re seeing every single day… this is a powerful mandate for change in the state to address retail theft, homelessness and fentanyl,” Greg Totten, head of the California District Attorneys Association and co-chair of the Yes on 36 campaign, told
Politico
.
Conversely, critics including non-profit groups, advocacy organizations, and some elected officials like Governor Gavin Newsom, opposed the proposition, claiming that it would revive the war on drugs and lead to further prison overcrowding. Despite these concerns, financial backing for Prop 36 far outweighed that of its opposition, with supporters raising approximately $16.8 million compared to the $7.7 million its detractors managed to draw.
In a broader scope, this move signals a broader statewide repudiation of earlier criminal justice reforms with implications reaching beyond the polling stations. Nathan Hochman, who ousted LA’s progressive district attorney George Gascón, told reporters, “Whether you’re on the left or the right, whether you’re Black, white, Latino, Asian, people want to be safe again in this community. They want the police to actually do a very good job at their job,” reflecting a sentiment that contributed to the rise of support for Prop 36. In similar trends, preliminary results also revealed a substantial lead for
recall efforts against Alameda County District Attorney Pamela Price and Oakland Mayor Sheng Thao
. Additionally, SF mayoral candidate Daniel Lurie, who was backed by both
groups from both the Democratic and Republican party, seems poised for victory
.
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