California Democrats now have their own version of a ballot proposal that would change elements of Proposition 47, setting up a November duel with a district attorney-backed anti-theft and drug initiative that legislative leaders call “draconian.”
Lawmakers still must approve the bill Wednesday, which includes the Democratic proposal, which would ask voters to amend Proposition 47, the voter-approved 2014 measure that made some low-level crimes misdemeanors and set a $950 penalty for shoplifting.
Here are some key things to know before the full Legislature considers SB 1381 Wednesday night.
What are the main differences?
Both the district attorney’s measure and the measure that lawmakers and the governor are supporting would amend Proposition 47 to add penalties for drug and theft crimes.
But the district attorneys’ initiative would be more drastic, while the initiative from Gov. Gavin Newsom and the Legislature does have some limitations.
Both measures have stiffer penalties for those facing a third conviction for theft. However, the legislative version specifies that the new conviction must have occurred within three years of the other two. It also sets a $50 threshold for the seized property in each case.
Both measures also target fentanyl trafficking. The legislative version would increase penalties for dealers who knowingly provide fentanyl to customers who don’t know the substance they’re receiving contains it. The district attorney’s version lowers the felony threshold for substances containing fentanyl and adds enhancements for larger quantities.
What do legislators say?
Not all Democrats in Congress agree with the measure.
On Monday, the Assembly voted to gut an existing bill and amend it with the initiative text. The vote was supported by 36 members, while a large portion of Democrats declined to vote on it.
Senate President Pro Tem Mike McGuire, D-Healdsburg, told the Sacramento Press Club earlier in the day that he would vote for the measure even though it is “unfortunate that we are here.”
“I don’t believe that if we’re serious about addressing shoplifting, we need to amend Prop. 47,” McGuire said. “I think we have the legislative package that’s before us now that addresses that challenge.”
The measure passed the Assembly Public Safety Committee on Tuesday with the support of Chairman Kevin McCarty, D-Sacramento, who said he is “glad to get back to the vote.”
An odd mix of groups opposed the legislative measure, including district attorneys, law enforcement organizations and criminal justice reformers, who normally do not get along.
Some Democrats were also more reluctant to support it. Moderate Assemblywoman Stephanie Nguyen, D-Elk Grove, opted not to vote on the bill. She said after the hearing that she might vote for it on the Assembly floor Wednesday.
“I just want to make sure I can evaluate it a little bit more before I make a decision,” Nguyen said.
Suisun City Assemblywoman Lori Wilson, who chairs the Legislative Black Caucus, said the group opposes the measure, though she voted for it in committee.
“We need to do our part as legislators by reflecting on the work that we’re doing here,” she said. “And recognizing that additional protections are needed to support the most vulnerable among us, to make sure that people of color aren’t disproportionately affected.”
