California Democrats want to defeat ‘draconian’ Prop. 47 changes with new initiative. Here’s how
California Democrats now have their own version of a ballot measure that would change elements of Proposition 47, setting up a November duel with a district attorney-backed theft and drug initiative legislative leaders call “draconian.”
Lawmakers on Wednesday still need to approve the bill containing the Democrats’ proposition, which would ask voters to alter Proposition 47, the 2014 voter-approved measure that made some lower-level crimes misdemeanors and set a $950 felony threshold for shoplifting.
Here are some key things to know before the full Legislature considers SB 1381 on Wednesday night.
What are the main differences?
Both the district attorneys’ measure and the one lawmakers and the governor support would change Proposition 47 to add penalties for drug and theft crimes.
But the district attorneys’ initiative would be more punitive, while the one from Gov. Gavin Newsom and the Legislature contains some guardrails.
The two measures both have more stringent punishments for those facing a third theft-related conviction. However, the legislative version specifies the new conviction must have occurred within three years of the other two. It also sets a $50 threshold for the property taken in each instance.
Both measures also address fentanyl dealing. The legislative version would increase penalties for dealers who knowingly provide fentanyl to customers who are not aware the substance they’re receiving contains it. The district attorneys’ version lowers the felony weight threshold for substances containing fentanyl and adds enhancements for larger quantities.
What are lawmakers saying?
Legislative Democrats are not uniformly on board with the measure.
On Monday, an Assembly vote to gut an existing bill and amend it with the initiative language got support from 36 members, with a chunk of Democrats declining to vote on it.
Senate President Pro Tem Mike McGuire, D-Healdsburg, earlier in the day told the Sacramento Press Club he he would be voting for the measure, even though “it is unfortunate that we are here.”
“I do not believe that if we’re seriously going after retail theft that we need to amend Prop. 47,” McGuire said. “I think we have the legislative package that’s in front of us right now that will solve for that challenge.”
The measure advanced from the Assembly Public Safety Committee on Tuesday with the support of chair Kevin McCarty, D-Sacramento, who said he is “pleased to be going back to the ballot.”
A strange mix of groups opposed the legislative ballot measure including district attorneys, law enforcement organizations and criminal justice reformers who are not typically bedfellows.
Some Democrats were also more reluctant to support it. Moderate Assemblywoman Stephanie Nguyen, D-Elk Grove, chose not to vote on the bill. She said after the hearing she may still vote for it on the Assembly floor on Wednesday.
“I just want to make sure I evaluate it a little bit more before I make my decision,” Nguyen said.
Assemblywoman Lori Wilson of Suisun City, who chairs the Legislative Black Caucus, said the group is against the measure, although she voted to pass it out of committee.
“We have to do our part as legislators to think through the work that we’re doing here,” she said. “And recognize that there needs to be additional protections in place to support the most vulnerable people among us, to ensure that people of color are not disproportionately impacted.”
