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Voters in California sent a clear message to lawmakers on Tuesday by voting on a 7-to-3 margin to approve a ballot measure aimed at increasing penalties for retail thieves who steal below the $950 felony threshold. The ballot measure—known as Proposition 36—would allow prosecutors to charge repeat theft offenders with a felony theft count, regardless of the dollar amount stolen. The measure would also allow prosecutors and law enforcement to charge thieves for the total value of property stolen across multiple jurisdictions.
ICSC was an active supporter of the Proposition 36 campaign, which included a diverse coalition of retailers, property owners, law enforcement and local leaders. Yolo County District Attorney Jeff Reisig, sponsor of the measure, served as a keynote speaker at ICSC@MONTEREY. Additionally, efforts were made to coordinate with local elected officials, including San Jose Mayor Matt Mahan, to bolster support for the initiative and legislation.
“California ICSC members have faced an unprecedented number of organized retail crime (ORC) incidents,” Abby Jagoda, ICSC Public Policy vice president, said. “California voters have risen to the occasion by providing prosecutors and investigators with the resources they need to better protect consumers, communities and employees across the state. In coordination with our partners, ICSC was proud to have played a role in the success of Proposition 36 to ensure criminal penalties address the reality of how ORC enterprises operate.”
In addition to strengthening penalties for retail theft, Proposition 36 contains provisions that address homelessness and fentanyl overdose.
Following the historic vote, the “Yes on Proposition 36” campaign stated, “The passage of Proposition 36 reflects Californians’ strong desire for safer communities and meaningful solutions to our state’s rising crime, drug addiction, and homelessness crises. Proposition 36 offers a balanced approach, combining strict penalties for repeat offenders who threaten public safety with compassionate, mandated treatment for individuals struggling with addiction.”
ORC has been a major issue in California and many have called for amending the 2014 voter-approved Proposition 47 as a way to address the rise in crime. Critics of the 2014 measure said that increasing the felony threshold for property thefts from $400 to $950 emboldened thieves who could then steal up to $950 worth of goods without receiving felony charges.
Since Proposition 36 received a majority vote, the state’s statute on theft offenses will now be amended with the ballot’s language. Lawmakers do not have a say on the measure once it’s approved by voters. In September, Governor Gavin Newsom (D) signed a package of bills to address various aspects of organized retail theft that will still go into effect on January 1, 2025. However, it remains to be seen how any contradictory language between the enacted legislation and the ballot measure may be resolved.