California voters approve tougher retail-theft penalties

California voters on Tuesday overwhelmingly approved Proposition 36, which would increase penalties for theft and drug offenses.

With 42 percent of the vote in around 1 am ET Wednesday, the yes votes were 5,286,658, or 70.6 percent, according to the Los Angeles Times website. The no votes totaled 2,202,698, or 29.4 percent.

The highly publicized proposition, also known as The Homeless, Drug Addiction and Theft Reduction Act, was put on Tuesday's ballot through a petition signed by members of the public. It aims to fix a loophole in a controversial 2014 law.

The proposition allows felony charges for the possession of certain drugs and for thefts under $950 in which the defendant has two prior drug or theft convictions.

Prop 36 also makes fentanyl possession a felony and requires those who have multiple drug charges to seek treatment or go to jail.

The measure was endorsed by the California Chamber of Commerce and major retailers such as Walmart, Target and Home Depot.

A recent poll by the Public Policy Institute of California found 71 percent of likely voters said they would vote yes on Prop 36, which is almost the exact percentage of Tuesday's vote trend.

Voters rejected a similar initiative in 2020, but this time around, there was a bipartisan coalition backing Proposition 36. More than 180 Democratic elected officials, including 64 mayors, signed onto a campaign supporting the initiative in September.

Opponents of Prop 36, who included Democratic Governor Gavin Newsom and Democratic legislative leaders, said it would take the state back to the policies of prosecuting a failed war on drugs and locking up tens of thousands of people, who are mostly black and Hispanic, in overcrowded prisons.

"It's hard for businesses and communities who are really on the front line of it," said Jennifer Barrera, president of the California Chamber of Commerce. "I think that it will likely increase incarceration ... but I do also hope and expect that it certainly will have an impact on reducing crime."

For many, Proposition 36 served as "a wake-up call for common sense", Peter Lam, a Democrat for 20 years who recently changed his party affiliation to Republican, told China Daily.

"I can't agree with serial policies Democrats have introduced in California — they are soft on criminals, lenient on habitual thefts and let go law offenders and murderers. We need to restore our faith in law and order by saying yes to Proposition 36."

In 2014, California passed Proposition 47, which downgraded many theft and drug felonies to misdemeanors and made the shoplifting of merchandise worth $950 or less a misdemeanor.

The intent of Proposition 47 was to reduce the number of prison inmates and reform the judicial system. It has resulted, however, in a surge in crime since its enactment. Retailers, high-end shopping malls, restaurants and small-business owners have been victimized by thefts, looting and sometimes armed robberies.

According to the California Department of Justice, reported retail crimes in 2023 reached 213,000, the highest level in 20 years, which prompted a cluster of permanent store closures and the departure of businesses from the Golden State.

On Oct 30, after the Los Angeles Dodgers defeated the New York Yankees in baseball's World Series, the celebration turned rowdy in LA, with a city bus being burned, stores looted and fireworks thrown, NBC News reported.

In June 2023, Westfield decided to pull out of San Francisco, citing "rampant criminal activities" in the area. It also urged the city to address the safety issue.

"I was so infuriated and also heartbroken when Westfield announced they would close their San Francisco Center," said Yang Zhang, who was a frequent patron. "It was there for 20 years, already an icon, and was one major reason that I love San Francisco. Now it's gone."

Genald Pennu, a Democrat, said she voted yes on Proposition 36, against her own party's recommendation. Having her vehicle's window smashed twice when she visited San Francisco and all her belongings in the truck stolen, Pennu said "enough is enough. Look at our desolate streets, boarded-up stores, how ridiculous the whole farce is!

"Let's see how our voices will help those politicians in Sacramento regain their somber mind," she said.

Alok Gupta, an Alameda resident who runs a boutique jewelry shop, said his store has been robbed three times in two years. "Finally, we see the light at the end of the tunnel," he said. "It came to the point that the law enforcement would not even bother to send police officers here."

Agencies contributed to this story.