Proposition 36: What could making penalties for certain crimes tougher mean for California?

SAN FRANCISCO (KGO) — Proposition 36 was perhaps the most notable measure on the California ballot, calling for tougher penalties for theft and drug crimes.

The measure passed overwhelmingly, with more than 70 percent in favour.

Many voters in San Francisco explained what motivated them to vote for the legislation.

“It was very disappointing, discouraging to be at the mercy of criminals, and I think we finally had to hit the bottom, people woke up and realized it was time to take a different path,” said Arkady Itkin.

Megan Loi said she was “not surprised” given her experience as a young woman and her concerns about safety.

Proposition 36 would impose tougher penalties for theft and some drug crimes. Issues that have plagued the Bay Area and the state in recent years.

Former San Francisco Mayor Willie Brown summed up the community’s sentiment.

“They really wanted to get rid of a lot of people who were allegedly committing minor crimes, redefining and getting away with it.”

The passage of Proposition 36 reverses Proposition 47, passed in 2014, and reduces some felonies to misdemeanors. The reclassification meant that crimes such as repeated theft of goods under $950 were subject to a much lighter sentence.

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San Mateo “In a felony case, you can go to county jail for up to a year or you can go to jail for a misdemeanor… misdemeanors there is no jail time or very little time… sometimes a weekend,” San Mateo County District Attorney Steve Wagstaffe said.

Drug crimes under Proposition 36, such as fentanyl trafficking, would become felonies.

“It wasn’t in the category of cocaine, meth or PCP. It was like having a drug without a prescription.”

Opponents of the measure, including Gov. Gavin Newsom, say Proposition 36 would further crowd the prison system and disproportionately impact communities of color.

The “CURB Coalition,” which advocates for prison spending reductions, released this statement Wednesday, condemning the passage of Proposition 36, calling it a “setback” and a “misguided attempt to revive the failed war on drugs.”

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“I don’t believe that will be the case, and the more I talk to my fellow prosecutors around the state, the more I think there are people who want to see the intent implemented and use this as a tool to engage a segment of our population in treatment.” Wagstaffe says.

Although SFPD reported that the overall crime rate was down 30.6% from this time last year, that drop wasn’t enough for the voters we spoke to who overwhelmingly agreed that Proposition 36 would be the beginning of a safer state.

“Right now the city is rebelling because they want some change and help.” said Cecilia Orellana, whose family experienced car theft.

Itkin isn’t sure how much change passage of the proposal will make, but says he “hopes it will make some impact.”