Draft:2024 California Proposition 36

  • Comment: All of the editorials are the same article/opinion published by various outlets so is one source and is a primary sources thus should be used very carefully to maintain a neutral point of view and is not useful for notability nor are government sites. Ballotpedia is not a reliable source outside of very basic facts. S0091 (talk) 22:24, 15 September 2024 (UTC)

Proposition 36

November 5, 2024 (2024-11-05)

Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes

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]

  • Increasing the penalty for repeat shoplifters (two or more past convictions) of $950 in value or less from a misdemeanor to a felony, punishable by up to three years in prison.
  • Allowing felony sentences for certain crimes such as theft or damage to property to be lengthened if the crime is committed by a group of three or more people.
  • Requiring that sentences for certain felonies such as drug dealing be served in prison.
  • Allowing people convicted of possession of illegal drugs (specifically those who possess certain drugs such as methamphetamines or fentanyl or those who have two or more past convictions for drug crimes) to be charged with a "treatment-mandated felony" instead of a misdemeanor in some cases. Upon completion of treatment, charges will be dismissed. Upon failure to complete treatment, charges stand and include up to three years in state prison.
  • Requiring courts to warn people that they could be charged with murder if they sell or provide illegal drugs (such as methamphetamines, fentanyl, heroin, and cocaine) that kill someone. This could allow for murder charges in the future if they later sell or provide illegal drugs to someone who dies.

Support

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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."[2]

Opposition

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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." [2]

Opponents
State officials
State senators
State assemblymembers
Organizations
Political parties

References

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  1. ^ a b "Proposition 36 Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute". Legislative Analyst's Office. Retrieved 15 September 2024.
  2. ^ a b "PROP 36 ALLOWS FELONY CHARGES AND INCREASES SENTENCES FOR CERTAIN DRUG AND THEFT CRIMES. INITIATIVE STATUTE". California Secretary of State. Retrieved 15 September 2024.
  3. ^ a b c d e f g h i j k l m n o p q r s t u "California Proposition 36, Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative (2024)". Ballotpedia. Retrieved 15 September 2024.
  4. ^ Editorial Board. "Editorial: Prop. 36's smart response to crime, addiction, homelessness". East Bay Times. Retrieved 15 September 2024.
  5. ^ Editorial Board. "Editorial: Prop. 36's smart response to crime, addiction, homelessness". Marin Independent Journal. Retrieved 15 September 2024.
  6. ^ Editorial Board. "Editorial: Prop. 36's smart response to crime, addiction, homelessness". Mercury News. Retrieved 15 September 2024.
  7. ^ a b c d e f g h i "Increase penalties for theft and drug trafficking". CalMatters. Retrieved 15 September 2024.