Governor Gavin Newsom and Democratic lawmakers in California are suddenly taking a troublesome stance on crime – and the state's voters could face competing referendums in November.
In response to a Republican-backed ballot initiative to repeal House Bill 47 – a 2014 measure that downgraded some property crimes from felonies to misdemeanors – and toughen penalties for certain theft and drug offenses, Newsom and Democratic lawmakers this week announced their very own, barely milder, competing initiative to combat shoplifting and the deadly drug fentanyl.
“The subtext of this initiative is, 'I'm tough on crime too, and even if I'm not quite as tough as the others, I'm also very smart about it,'” says Dan Schnur, a political science professor at UC Berkeley and former Republican strategist.
Newsom's initiative takes the shape of Senate Bill 1381 and requires House approval to make it onto the November ballot. Shoplifters who’re convicted 3 times inside a three-year period might be sentenced to up to 3 years in prison. In addition, accused thieves might be charged based on the entire value of multiple thefts over three years, which could raise the charge from a misdemeanor to a felony.
The initiative also targets fentanyl, the synthetic cousin of heroin that kills 1000’s of Californians annually. People who knowingly sell or pass on drugs laced with fentanyl without informing the recipient withstand six years in prison. People convicted of selling fentanyl might be charged with murder in the event that they later sold the drug to someone who died of an overdose.
In addition, public agencies that provide drug and mental health treatment would receive more cash diverted from a grant program designed to enhance student performance in public schools.
“This ballot measure is a critical step forward in our efforts to strengthen California's public safety laws and provide law enforcement with additional tools to address growing concerns about property crime and the fentanyl crisis,” Newsom said in a press release. “This balanced approach tackles crime and protects our communities.”
But Republican lawmakers sharply criticized Newsom and his allies, saying the contradictory measures could confuse voters. Newsom has defended Prop 47 prior to now.
State Senate Minority Leader Brian Jones attacked the brand new bill on social media platform X on Sunday, calling it a “weaker crime initiative designed to compete with the one already on the ballot in November” and a “blatant attempt to undermine the will of the people.”
If the 2 competing initiatives are put to the vote together, the initiative with probably the most yes votes would take effect.
The Newsom-backed initiative would seem on the ballot together with the initiative to combat homelessness, drug addiction and shoplifting, which was approved for the November ballot earlier this month. It is supported by San Jose Mayor Matt Mahan and San Francisco Mayor London Breed, in addition to state associations of police chiefs, sheriffs and district attorneys, and businesses from small Bay Area restaurants to Walmart, Target and Home Depot. That initiative, too, targets theft and medicines.
Both proposals would reverse provisions of Prop 47 that downgraded most drug possession and property crimes valued at $950 or less to misdemeanors and allowed resentencing of those convicted of those offenses. The goal was to alleviate overcrowded prisons and address social justice issues.
According to the nonpartisan California Budget and Policy Center, crime rates in California, including theft, have been declining for a long time. But critics say the numbers are unreliable because many business owners fail to report incidents like shoplifting because police in lots of areas don’t reply to or investigate minor crimes. Widely circulated photos and videos of brazen shoplifters and robberies have helped bring shoplifting to the forefront of public concern.
“Newsom has recognized what many other members of his party have observed in recent years: crime and public safety have once again become central issues for California voters,” Schnur said.
The proposal, backed by Newsom, won the endorsement of the California Retailers Association, which advocates for reform of Prop 47. The group's president, Rachel Michelin, called the plan “a smart solution that will protect our stores, employees and customers.”
Newsom and Democratic lawmakers could rating political points if their initiative passes, said Melissa Michelson, a political scientist at Menlo College.
“Now it's no longer the public taking the lead,” Michelson said. “Now it's the governor and other elected officials who are in control of this issue.”
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