California Legislature to Approve Voter Initiative to Crack Down on Retail Theft and Fentanyl Dealers

The California Legislature is poised to approve a voter initiative aimed at addressing retail theft and fentanyl dealers, in a move to counter a tougher anti-crime measure supported by a group of county district attorneys. The initiative, which is expected to be approved this week, represents a significant shift in stance for Governor Gavin Newsom, who had previously opposed altering the controversial criminal justice reform Proposition 47 through a ballot measure. The proposed initiative seeks to amend Proposition 47, which had reclassified certain lower-level drug and property crimes as misdemeanors and invested in drug and mental health treatment.

The newly proposed initiative would introduce stricter penalties for repeat shoplifting, making the third petty theft-related offense within a three-year period eligible for a three-year jail sentence. Additionally, if the total value of stolen goods exceeds $950 in cases involving multiple thefts, the offenses could be prosecuted as felonies. The measure also aims to impose harsher penalties on fentanyl dealers who knowingly mix the drug without the buyer’s knowledge. Judges would be required to issue warnings to convicted fentanyl dealers about the lethal risks associated with distributing the drug, potentially facilitating murder charges against dealers in case of a death. The initiative also includes provisions to increase resources for drug treatment and mental health programs.

If approved by the Democratic-led Legislature, California voters will face two competing crime measures on the November ballot: the governor-supported initiative and the Homelessness, Drug Addiction and Theft Reduction Act, which has garnered strong support from county district attorneys and anti-crime groups. The prosecutors’ initiative seeks to make a third offense of theft, regardless of the merchandise value, a felony punishable by up to three years in state prison. It also proposes making possession of fentanyl a felony and introducing a “treatment-mandated felony” for third-time drug possession arrests.

The passage of Proposition 47 in 2014 marked a shift away from tough-on-crime policies, as California sought to address the ineffectiveness and injustice of mass incarceration. Prior to Proposition 47, thefts could be considered felonies if the stolen merchandise was valued at $450 or more, but the threshold was raised to $950. Critics argue that this change led to an increase in thefts in the state. Governor Newsom and other supporters of Proposition 47 contend that California’s dollar-amount thresholds for felony charges are lower than those in most other states, including Texas.

The governor and the Legislature aim to reduce prison spending and transition towards a criminal justice system that is less reliant on incarceration. They argue that the prosecutor-led initiative could result in low-level drug and theft offenders being sent back to state prisons instead of serving time in jails for misdemeanors, thereby exacerbating prison overcrowding. The Legislature is also considering a complementary bill package that would grant store owners the ability to file restraining orders against repeat offenders and provide prosecutors with enhanced tools to prosecute car break-ins and multiple thefts occurring across different counties.

The unveiling of the newly proposed ballot measure follows weeks of intense negotiations and political maneuvering surrounding the crime bills and ballot initiatives. Notably, Democrats had inserted an amendment into the crime bills that would have revoked certain parts of the legislation if the prosecutor-supported ballot initiative were to pass. Although the amendment has since been removed, it has left a lingering sense of criticism and mistrust. The Democratic caucus has reportedly experienced internal divisions, with some members removing their names from the bipartisan package due to perceived strong-arm tactics.