Prop 36, a California state ballot measure that seeks to increase penalties for specific theft and drug crimes, has passed. It is exciting news for law enforcement personnel throughout the Central Valley.
In Fresno County, YourCentralValley.com spoke with District Attorney Lisa Smittcamp and Sheriff John Zanoni, who both believe the passage would mean ‘accountability’ for repeat offenders.
“We’re coming for you,” Smittcamp said when asked what her message would be to those targeted by the new law.
The ballot measure passed by a wide margin, with bipartisan support.
“The voters have spoken, the people in California are tired of this chaos,” she informed us.
While Smittcamp admits that Prop 36 will not provide an immediate solution, she claims it will provide at least the first step toward amending Prop 47, which, when passed in 2014, reduced penalties to misdemeanors for petty theft under $950 and many drug possession charges.
“It is definitely the first step into really addressing the population of people who are serial thieves, serial drug users, drug abusers, and really putting the emphasis on fentanyl dealers,” says Smittcamp.
Prop 36’s major changes are divided into three areas:
- Those with two prior hard drug convictions can be charged with a felony on the third arrest. That will result in mandatory drug treatment or three years in jail or prison.
- Those with two convictions for petty theft, or the theft of items under $950, the third offense can result in a felony, which can lead to up to three years in jail or prison.
- Those convicted for selling or providing drugs like fentanyl will be warned that if the drugs sold kill someone, they can be charged with murder.
“These are three tools. “They’ve given law enforcement three new tools to try to get a handle on some of these repeat offenders and people bringing in fentanyl,” Smittcamp said.
Sheriff Zanoni praised the new consequences for those on the ground, including his deputies from the Fresno County Sheriff’s Office. He claims that they not only help to hold people accountable, but also serve as a morale booster.
“If I find out they’re doing it repeatedly, I can charge them with a felony. Now, there are consequences. Now there is some accountability on that person’s part, and I’m not just filing a misdemeanor report because they stole $800 worth of property,” he said.
Zanoni also made a plea to Governor Gavin Newsom and state legislators following the passage of what he called a ‘common sense’ bill.
“Hopefully, the people up in Sacramento, like our governor and some state legislators, understand that we the people have had enough and they probably have to open up some prison beds,” according to him.
Smittcamp stated that Prop 36 will take effect once the election results are certified, which is no later than December 18.
