How California's Proposition 36 Changed Shoplifting for Two Thieves

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What's New

The Seal Beach Police Department in California released video footage of how the newly passed Proposition 36 changed shoplifting for two alleged thieves accused of stealing hundreds of dollars worth of merchandise.

Why It Matters

The incident underscores how California police may tackle shoplifting moving forward as the state aims to get ahold of the issue to increase confidence in public safety and bring back businesses to cities like San Francisco, where critics say retail crime has contributed to an exodus of shops. It marks a rightward shift among California voters on crime.

Crime remains a top issue for voters across the country, and Democrats saw losses in cities like Los Angeles or New York City this year, as critics view frustration over how city leaders and prosecutors handle crime as playing a role in Republicans' gains in these traditionally Democratic areas.

What is Prop 36 in California?

California voters passed Proposition 36, a tough-on-crime ballot question, in the November election in response to concerns about shoplifting across the state. Retail theft has risen in California in recent years as the state finds itself at the heart of debate on criminal justice reform.

California police arrest Proposition 36
Police tape is seen in Monterey Park, California on January 22, 2023. Police released video footage showing two alleged shoplifters getting arrested after California voters passed Proposition 36 last month. FREDERIC J. BROWN/AFP via Getty Images

The proposition reclassifies shoplifting and other non-violent crimes as felonies, rolling back part of a 2014 law that classified these offenses, including theft under $950, as misdemeanors.

What to Know

The video, posted to Seal Beach Police Department's Instagram, showed a group of women, who have not been identified by law enforcement, allegedly shoplifting more than $600 worth of products at Ulta Beauty and $237 worth of products at Kohl's in the Orange County city before being apprehended by police.

Footage then shows two of the women discussing their arrest in the back of a police cruiser.

"It's a felony?" one asked.

"B****, new laws. Stealing is a felony," the other said. "And this is Orange County, b****. They don't play."

In the caption of the post, the police department wrote that it is a "friendly reminder" of Proposition 36.

"It undoes some of the changes voters made with a 2014 ballot measure that turned certain nonviolent felonies into misdemeanors, effectively shortening prison sentences and leading to a spike in retail theft and crime," the caption reads.

What People Are Saying

Attorney General Rob Bonta, a Democrat, in a statement: "Ultimately, our success in combating organized retail crime hinges on our ability to work together, innovate, and remain steadfast in our commitment to protecting our neighborhoods and businesses. Let us harness the strength of our partnerships, the power of new legislation, and the collective resolve of our community to create a safer and more secure environment for everyone. My office is committed to fighting organized retail crime head on."

Fresno County Sheriff John Zanoni to KSEE: "Accountability is here and consequences are coming."

Governor Gavin Newsom, a Democrat, campaigning against the measure: "Prop 36 takes us back to the 1980s mass incarceration. It promotes a promise that can't be delivered. I would ask those who support it, particularly mayors: Where are the treatment slots, where are the beds?"

When did Prop 36 pass?

Prop 36 passed in the November 5 election, when nearly 69 percent of Californians voted in its favor. Only 31.6 percent voted against it. It went into effect on December 18.

What does Prop 36 do?

There are several aspects to Proposition 36 in California. Prior to its passage, theft of items worth $950 or less was a misdemeanor, but Prop 36 will make the offense into a felon if the person has two or more prior convictions for certain crimes, according to the California Legislature's Nonpartisan Fiscal and Policy Advisor.

It will also allow for sentences for theft and damages of property to be up to three years if at least three people committed the rime together. It would also require sentences for celling certain drugs, like fentanyl and heroin, to be served in prison, rather than county jail.

What Happens Next

Police departments in California will likely continue to make arrests based on the new law as lawmakers seek to address concerns surrounding crime. Public safety will likely remain a key concern for lawmakers in the coming years.

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