TL/DR –
California lawmakers are set to vote on a last-minute crime initiative counterproposal to the already-qualified Homelessness, Drug Addiction, and Theft Reduction Act. Governor Gavin Newsom’s proposal would create new penalties for repeat thieves and drug dealers who lace fentanyl into other drugs, potentially punishable by up to six years in county jail. The proposal would also redirect money from Proposition 47 to expand mental health and drug treatment programs, and if both the legislative and law enforcement-backed proposals pass, the one with the most votes would take effect.
California Lawmakers to Vote on Crime Initiative for November Ballot
California lawmakers are expected to vote on a crime initiative this week that could result in two crime-related questions on the November ballot. Gov. Gavin Newsom and several Democratic lawmakers finalized their proposal, aiming to counter an initiative already qualified for the ballot. Known as the Homelessness, Drug Addiction, and Theft Reduction Act, this already qualified initiative is endorsed by law enforcement and business groups to strengthen penalties for thieves and drug dealers.
The issue revolves around Proposition 47, a measure voters approved ten years ago which reduced the penalties for drug and theft crimes. Critics argue it led to an increase in crime, drug use, and homelessness. Legislative leaders and the governor, however, have repeatedly stated they did not believe Proposition 47 needed changes and have yet to comment on their competing initiative.
The proposed legislative initiative would introduce a new felony for drug dealers who lace fentanyl into other drugs, punishable by up to six years in county jail. This is referred to as Alexandra’s Law. Additionally, repeat thieves would face new penalties if they commit three acts of petty theft or shoplifting within three years, resulting in up to three years in jail and a misdemeanor or felony charge.
The legislative measure also aims to divert funds established through Prop 47 for the expansion of mental health and drug treatment programs. If passed, the legislative initiative would be the second initiative question on the ballot, referred to as Proposition 2.
Critics argue that the law enforcement-backed initiative is too severe. The legislative measure includes jail time penalties, while the competing initiative provides judges with discretion in deciding if drug offenders go to county jail or prison. If both initiatives pass, the one with the most votes will take effect. If the law-enforcement backed initiative wins but is invalidated by a court, the legislative initiative would take effect.
Typically, to place a measure on the ballot, the proposed initiative would require a 2/3 vote from the legislature. However, the bill carrying the legislative initiative calls for a “special election”, hence only needing a simple majority vote to reach the ballot. Legislators are expected to vote on the proposal Wednesday night.
Gov. Newsom and Legislative leaders attempted to negotiate the already qualified initiative off the ballot. However, as a key ballot deadline approached, these talks failed. Lawmakers tried to leverage a set of retail theft bills by adding controversial amendments intending to kill proposed laws had voters approved a Proposition 47 reform initiative. However, support for the retail theft bills declined, the package did not garner enough votes to pass, and leaders were forced to devise a new strategy. The outcome of the legislative initiative’s inclusion in the November ballot remains uncertain.
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