California voters pass tough-on-crime initiative to make some shoplifting, drug offenses felonies

The Associated Press/Report for America

SACRAMENTO, Calif. (AP) — California voters were deciding on 10 ballot measures including one that would turn some nonviolent crimes, like shoplifting, into felonies again, and another that would make the state’s minimum wage the highest in the nation.

Here’s a look at some of the most consequential propositions being put before voters:

Proposition 36

Frustrated with what they see as rampant retail crimes, voters approved an initiative making shoplifting a felony for repeat offenders again and increasing penalties for some drug charges, including those involving the synthetic opioid fentanyl. The tough-on-crime ballot measure also gives judges the authority to order people with multiple drug charges to get treatment.

The measure partly rolls back a progressive law passed by voters in 2014 that downgraded several nonviolent crimes to misdemeanors, including theft under $950 in value and some drug offenses. The reversal reflects widespread anger among voters who are increasingly pinning the blame for homelessness and retail theft on criminal justice reform and progressive district attorneys.

It’s hard to quantify the retail crime issue in California because of the lack of local data. But many point to videos of large groups of people stealing in plain sight, such as at a boarded-up Nike store in Los Angeles after the Dodgers won the World Series last week, as evidence of a crisis.

Proponents said the initiative is necessary to close legal loopholes that have made it challenging for law enforcement to punish shoplifters and drug dealers. The measure will also help the state address the homelessness and drug crises, they said.

“It was clear to us in the last year that this is desperately needed for Californians,” said Anne Marie Schubert, co-chair of the coalition supporting the measure. “This is a resounding message that Californians are ready to have safer communities.”

Opponents, including Democratic state leaders and social justice groups, said it will disproportionately imprison poor people and those with substance use issues rather than target ringleaders who hire large groups of people to steal goods for resale online. The initiative will also take away drug and mental health funding that comes from savings from incarcerating fewer people.

“Voters wanted solutions, but they were sold a false promise,” said Tinisch Hollins, executive director of Californians for Safety and Justice, which co-authored the 2014 law. “With this initiative passing and potentially threatening hundreds of millions of dollars to stabilize those programs, we’re going to be a lot worse off than we were before.”

Proposition 32

This would increase the minimum wage to $18 per hour by 2026, up from the current rate of $16 per hour for most people. It was too early to call as of late Tuesday.

Fast food workers already got a pay boost this year to at least $20 an hour, and some health care workers now make a minimum of $23 an hour.

If approved, California would have the country’s highest statewide minimum wage. In 2016 it became the first state to pass a $15 an hour minimum wage. About 40 cities and counties already have minimum wages higher than the statewide rate, and six of them require minimums above $18 per hour as of this year.

Hawaii passed a law in 2022 raising its minimum wage to $18 an hour by 2028.

Proponents of the California measure estimate that it would benefit 2 million workers including hotel and grocery employees. Opponents say it would increase costs, lead to higher taxes and push businesses to cut jobs.

Proposition 4

This asks voters for permission to borrow $10 billion for various climate programs, in what would be the state’s largest investment in fighting climate change to date. It was too early to call as of late Tuesday.

The largest chunk of the money, $3.8 billion, would go to improving drinking water systems and preparing for droughts and floods. Wildfire preparedness programs would get $1.5 billion, while $1.2 billion would be targeted to combating sea level rise.

The rest would be divided among programs on parks and outdoor recreation; air quality; extreme heat preparedness; protecting biodiversity; and farm and ranch sustainability.

Proponents of the measure say it would help the state better prepare for a changing climate and increasing threats of wildfires, water pollution and extreme heat.

Opponents say the bond is “the most expensive way” to pay for programs that could be funded through the budget.

It would cost taxpayers about $16 billion to pay off, in annual installments of $400 million.

Proposition 6

This would change the state Constitution to ban forced labor in any form. The constitution currently bans it except as punishment for crime. It was too early to call as of late Tuesday, but neighboring Nevada passed a similar measure.

That exemption has become a target of criminal justice advocates who are concerned about prison labor conditions. People who are incarcerated are often paid less than $1 an hour to fight fires, clean cells and do landscaping at cemeteries.

The initiative is included in a package of reparations proposals introduced by lawmakers as part of an effort to atone and offer redress for a history of racism and discrimination against Black Californians.

Several other states, including Alabama, Oregon, Tennessee and Vermont, have in recent years approved constitutional amendments removing slavery and involuntary servitude exceptions.

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Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on Twitter: @ sophieadanna