Ballot Initiative Update
“The Homelessness, Drug Addiction and Theft Reduction Act” – A Ballot Initiative to Amend Prop. 47 is in the Signature Gathering Stage
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
This initiative (#23-0017A1) is planned to be presented before California voters in November 2024. These changes would put teeth back into petty theft with a prior and hard-drug crimes, which were eviscerated by Prop. 47 in 2014. The initiative is supported by the California District Attorneys Association, California Police Chiefs Association, California State Sheriffs’ Association, Crime Victims United, and several state and local elected leaders and business entities. It is being largely funded by retailers including Target, Walmart, 7-Eleven and Home Depot, according to campaign finance records.
Among its provisions, the proposed revision:
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Would make a third conviction for theft of property with a fair market value under $950 a felony/wobbler with jail or prison time under 1170(h) P.C. A convicted party could avoid jail or prison time by enrolling in a mandated, court-supervised drug treatment program. Fail to complete the program, go to jail. A fourth conviction is a felony with the same provision for mandatory drug treatment and incarceration consequences for not completing the program.
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Allows stolen property from serial thefts to be combined and if the total exceeds $950 fair market value, the offender can be charged with grand theft, a felony/wobbler.
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Includes a sentencing enhancement for participating in organized crime involving theft or destruction of property when the value or damage to property exceeds $50,000.
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Adds fentanyl to the list of hard drugs that are illegal to possess with a firearm and adds enhanced sentencing for selling “deadly quantities” of fentanyl. It also enacts enhanced sentences for dealers whose trafficking causes death or serious injury. Finally, much like a DUI conviction, an offender will be warned of potential murder charges if a continued sale results in the death of another.
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Creates a “treatment-mandated felony” for a third or fourth conviction for “hard drug” possession (cocaine, methamphetamine, heroin, fentanyl or PCP). In lieu of incarceration, offenders could participate in a mandated, court-supervised drug or mental health treatment program. Fail the program, go to jail. Successfully complete the program, the conviction can be expunged.
Some believe that Prop. 47 increased retail theft because repeat offenders see no serious consequences in the criminal justice system. Videos of organized “smash and grab” thefts have gone viral, and some retailers blame theft for lower profits. The minimization of drug possession consequences has created an easy market for dealers. The epidemic of fentanyl overdoses and fatalities are an all too common occurrence. The Homelessness, Drug Addiction and Theft Reduction Act is intended to hold serial and organized crime offenders and drug traffickers accountable under the law.
At the same time, the initiative creates a drug and mental health treatment program to curb addiction and associated homelessness. In conjunction with Prop. 1, recently passed by California voters, which authorized $6.4 billion in bonds to fund mental health and addiction services, build permanent supportive housing and help homeless veterans, the hope is that the laws will restore our streets, parks, and neighborhoods to a greater level of civility.
At least there will be hope beyond what I believe are the intolerable state of conditions we have now. Time to take back our communities!
If your association has not generated a petition for supporting signatures, I urge you to do so. At least 546,651 signatures are needed by 4/23/24.
Meanwhile, some state Democrats and Democratic Gov. Gavin Newsom are instead suggesting they can enact new laws to address theft the fentanyl crisis and organized retail theft while leaving Proposition 47 intact. Packages of several bills are being debated in both the state Senate and Assembly. Legislators have until August to send any bills to Newsom.
Stay safe,
RH
