California Petition for Harsher Retail Theft Penalties Likely Headed to the Polls
A California petition to establish greater accountability for retail theft is on track to gain the critical mass of public support necessary to push it to the polls in November.
The Homelessness, Drug Addiction and Theft Reduction Act would amend portions of the Safe Neighborhoods and Schools Act, also known as Prop 47, by increasing penalties for certain theft-related crimes.
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The initiative would change the 2014 law, which established $950 as the threshold for a possible felony theft or shoplifting charge, allowing felony charges to be brought against criminals who steal money or property worth less than $950 if they have two or more prior theft convictions. It would also increase prison sentences for felony theft, and authorize judges to use their discretion in imposing penalties when a suspect steals, damages or destroys property worth $50,000 or more in cooperation with two or more offenders.
“By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called ‘smash-and-grabs‘ committed by mobs or large groups of people working together,” the petition said.
Unraveling another one of Prop 47’s most problematic provisions, the measure would allow for the aggregation of the value of stolen property taken during multiple thefts. The change “addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges,” the text read.
The petition, which also targets drug-related offenses like the possession of fentanyl with increased penalties, has so far garnered about 75 percent of the 547,000 voter signatures required to see it added to the ballot for the fall election, the proposal’s organizers told CNN.
Beyond the buy-in of voters, the Homelessness, Drug Addiction and Theft Reduction Act boasts some legislative firepower. Congressman Kevin Kiley (R-Ca.), San Francisco Mayor London Breed, City of Santa Monica Mayor Phil Brock, along with dozens of other mayors, state assembly members and state senators, have voiced their support.
“In San Francisco, we are making progress on property crimes, but the challenges we are facing related to fentanyl and organized retail theft require real change to our state laws,” Breed said. “The Homelessness, Drug Addiction, and Theft Reduction Act will make targeted but impactful changes to our laws around fentanyl and help us tackle the chronic retail theft that hurts our retailers, our workers, and our cities.”
“I am proud to lend my support to this public safety initiative that would make changes to Prop 47 which would address serious spikes to drug and theft crimes since the pandemic,” said Assemblymember James C. Ramos (D-San Bernadino), who introduced AB 1772, which features similar provisions, earlier this year.
“Local law enforcement and my constituents are saying enough is enough to enough,” he added. “They want the state to address the increases we’re seeing in homeless due to increased hard drug use, opioid-related overdoses and escalating numbers of smash-and-grab and retail theft crimes.”
The petition has engendered a notable number of bipartisan endorsements from federal, state and local officials, but California Governor Gavin Newsom has remained rigid in his defense of Prop 47, which he supported a decade ago and maintains is critical to criminal justice reform.
Business groups like the California Retailers Association (CRA), as well as retailers like Target, Walgreens and Walmart, are on board, however. Walmart, which has 280 stores in California, has been chiefly responsible for lining the campaign’s coffers, donating $1 million of the $1.03 million raised by Californians to Reduce Homelessness, Drug Addiction and Theft, the committee pushing the initiative.
“Walmart supports policies intended to improve safety for the communities, customers and associates we serve. The Homeless, Drug Addiction, Retail Theft Reduction Act is a balanced approach, providing the tools needed to hold those individuals responsible for repeated organized retail crimes accountable,” a spokesperson for the company said.
First filed by political election lawyer Thomas W. Hiltachk on Aug 22, the petition was cleared for signature gathering in late October. The deadline for signatures is around June 27—131 days out from the general election.
Walgreens and Target did not immediately respond to a request for comments.
