Californians overwhelmingly passed Proposition 36 — which increases the penalties for certain theft and drug crimes — by a margin of more than 40% Tuesday, with 70.4% of voters approving the measure.
In addition to increasing the penalties and mandating treatment for some drug-related crimes, the measure also reverses some of the leniency introduced in 2014’s Proposition 47, which, for example, made the shoplifting of items worth $950 or less a misdemeanor instead of a felony. Now, under the newly passed Prop 36:
- Some misdemeanors will become felonies, includingthe theft of items worth $950 or less when the person who committed the crime already has two or more past convictions for certain theft crimes (such as shoplifting, burglary or carjacking). The sentence would be up to three years in county jail or state prison; and
- Some felony sentences will be lengthened: For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
Since the pandemic, Californians have noted a rise in both homelessness as well as retail and drug-related crimes, leading to a general sense of an erosion in public safety. Campaigning under the slogan “Make Crime Illegal Again,” proponents of Prop 36 played on these perceptions and found traction with California voters — despite opposition from most of the state’s Democratic leadership as well as efforts by Governor Gavin Newsom to preempt the measure by passing a swath of retail crime legislation in August.
Californians Against Retail and Residential Theft (CARRT), a coalition of more than 300 business associations, local groups and victim organizations, touted the passage of Prop 36 as a victory for the state’s citizens and businesses: “Californians are increasingly frustrated by the rising crime rates, which is why Proposition 36 passed with overwhelming support,” said Matt Ross, a spokesperson for CARRT in a statement.
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“Proposition 36 establishes stricter penalties and greater accountability for repeat offenders of retail theft,” Ross added. “Previously, the punishment for a shoplifter was the same regardless of whether it was a person’s first offense or their 50th. Now, repeat offenders will face significant consequences for their actions. However, this is just one step toward reversing the damage caused by Proposition 47 and addressing retail and residential theft on main street and in our neighborhoods.”
