Prop 36, which would increase penalties for theft and drug arrests, passed by California voters
Nov 05, 2024
Proposition 36, one of this year's most high-profile and divisive ballot measures in California, has been approved by voters with overwhelming support.
The law will enact harsher penalties for repeat theft and drug crimes, which were eased a decade ago through the passage of Proposition 47.
When it was passed in 2014, Prop 47 changed the way thefts and other petty crimes were prosecuted. Previously, any thefts totaling more than $450 were considered felonies; Prop 47's passage raised that threshold to $950.
The law also reclassified some drug charges from felonies to misdemeanors.
Law enforcement officials, prosecutors and conservative leaders have latched onto the 2014 law, tabbing it as the primary culprit for smash-and-grab burglaries and shoplifting crimes that have increased in regularity and profile since the coronavirus pandemic.
Prop 36 will roll back key parts of the previous law, restoring many of the pre-2014 sentencing thresholds and reclassifying crimes that are currently misdemeanors back into felonies.
It also includes a provision that could force someone with multiple previous drug-related arrests into treatment.
Live updates: Election Day 2024
Early polling showed strong support for the initiative, despite condemnation from criminal justice reform advocates and progressive activists. The Los Angeles Times editorial board and Gov. Gavin Newsom were among the critics who urged a "No" vote, with the Times calling the dissolution of Prop 47 "disastrous."
Among the concerns raised by opponents, the mandatory sentencing for certain non-violent crimes which not only were unpopular and rejected a decade ago, but will also force local municipalities to spend more to incarcerate and try offenders that they hadn't needed to previously.
It also comes with no new funding source for the mandatory treatment of drug offenders, who can still be sent to prison if they fail to complete drug treatment, according to Cal Matters.
The California Secretary of State's Office projects it could cost the state hundreds of millions of dollars every year.
Critics have warned these new expenses could result in cuts to existing programs that are actually meant to divert prison sentences.
Others, including the Times, believed Prop 36 wouldn't actually be a deterrent.
US Election Results: President, Senate, House & Governor Races
Another criticism of Prop 36 were the sources of much of its funding. Big box stores like Walmart were among the major financial backers of Prop 36—some argued that the retailers were only concerned about their bottom lines and not true criminal sentencing reform.
The passage of Prop 36 marks a significant setback for the slow progress made toward criminal justice reform that many Democrats and progressives have long advocated for.
In Los Angeles County, District Attorney George Gascón, a self-described reformist known for instituting some of the state's most progressive policies, was expected to lose his re-election bid to challenger Nathan Hochman.
Both Prop 36's passage and Gascón's assumed defeat suggest growing frustration with these policies and a perceived increase in crimes that affect the day-to-day quality of life for average Californians.
For the latest vote tallies in California's other statewide races and ballot initiatives, click here.