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Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes |
Elections in California |
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Proposition 36, titled Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes, is a California ballot proposition and legislative statute that will be voted on in the 2024 general election. The proposition, if passed, will repeal parts of Proposition 47, passed during the 2014 general election, and amend the state constitution to increase penalties and allow felony charges for certain crimes. [1]
The proposition will allow for the authorization of the following: [1]
In 2014, California voters passed Proposition 47, which reclassified several felonies as misdemeanors. Since then, prosecutors and police organizations have blamed the proposition for the state's increased retail theft, which in 2023 reached the highest recorded level since 2000. [2] Local officials have also blamed the state's increase in homelessness on Proposition 47, which eliminated the legal compulsion of treatment for those struggling from addiction and mental illnesses. [3]
In 2024, a campaign was started to qualify Proposition 36 for the November ballot. Despite being opposed by criminal justice reform groups and prominent Democrats such as Governor Gavin Newsom, who at first tried to negotiate competing legislation in order to keep the measure off the ballot [4] and then proposed a competing ballot measure, [5] the proposition gained strong support from Republicans and divided Democrats, with several prominent local officials such as San Francisco mayor London Breed and several members of the state legislature coming out in favor of the measure. [6]
The official support statement of Proposition 36 argues that "Prop. 36 makes California communities safer by addressing rampant theft and drug trafficking. It toughens penalties for fentanyl and drug traffickers and "smash-and-grabs" while holding repeat offenders accountable. It targets serial thieves and encourages treatment for those addicted to drugs, using a balanced approach to fix loopholes in current laws." [7]
The official opposition statement of Proposition 36 argues "Don't be fooled. Proposition 36 will lead to more crime, not less. It reignites the failed war on drugs, makes simple drug possession a felony, and wastes billions on prisons, while slashing crucial funding for victims, crime prevention, treatment, and rehabilitation. This puts prisons first and guts treatment. Vote No." [7]
Date of opinion poll | Conducted by | Sample size [lower-alpha 1] | Margin of Error | In favor | Against | Undecided |
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September 25 – October 1, 2024 | UC Berkeley IGS [46] | 3,045 (LV) | ± 2.5% | 60% | 21% | 20% |
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