Before California voters this year is Proposition 36, billed as an anti-crime measure aimed at increasing penalties for certain drug and retail theft crimes.

It’s among the more contentious topics on the ballot this year. If passed, it would, among other things, allow people with at least two prior theft convictions to be charged with felonies, regardless if what was stolen is worth less than $950.

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Orange County Register’s November 5, 2024 General Election Voter Guide
All 10 propositions on California’s 2024 ballot, explained

The measure seeks to roll back parts of Proposition 47. Passed by voters in 2014, that proposition reduced penalties for certain theft and drug offenses. Under Prop. 47, the threshold for prosecuting retail theft as a felony was raised from $400 to $950. The measure intended to reduce prison overcrowding, lower incarceration rates and redirect savings into mental health and drug treatment programs.

Prop. 36, up this year, allows judges to sentence drug dealers to state prison rather than county jail if convicted of trafficking hard drugs in large quantities or possessing a firearm while trafficking drugs. Convicted drug dealers and manufacturers could also be warned that they may face murder charges if they continue to traffic and someone dies as a result.

The proposition calls for treatment plans for people who plead guilty to felony drug possession, which could lead to their charges being dropped.

Recent polling from the Public Policy Institute of California indicates that Prop. 36 has strong support among Californians. Among the 1,646 adult residents surveyed, 73% said they would vote in favor of the proposition if the election were held today.

Regionally, support for Proposition 36 is highest in the Inland Empire at 80%, while it is lowest in Los Angeles at 70%. In Orange County, 71% of surveyed residents said they would vote yes.

Where do Orange County’s 12 congressional candidates stand on Prop 36? Here’s what they shared about the measure and how the federal government could help states like California balance criminal justice reform with law enforcement, as featured in the Orange County Register’s Voter Guide.

38th district

Rep. Linda Sánchez, seeking reelection in a Democratic-leaning district, emphasized the need for a balanced approach that combines strong law enforcement with meaningful criminal justice reform.

“That is why I have supported providing our police officers with the tools, training and support necessary to do their jobs and foster stronger community trust,” said the Democratic lawmaker said, pointing to money she brought back to her district for Rio Hondo College’s Police Academy.

“But we must also reform our criminal justice system, including providing pathways to rehabilitation and addressing systemic issues that drive crime,” Sánchez added. “Right now, we spend more on prisons than we do on education. That needs to change.”

Her opponent, Republican Eric Ching, said he would get federal authorities involved in going after criminals.

“The federal government has jurisdiction over these types of crimes,” Ching said. “I believe less criminals means less crimes. I will ask federal agencies to actively pursue them.”

40th district

Rep. Young Kim, a two-term Republican in the district, said she’s introduced bipartisan legislation to improve communication and cooperation among federal, state and local law enforcement to ensure that retail thieves are held accountable. She said she’s also backed efforts to fight mail and package theft.

“Currently, certain punishments only apply if USPS packages are stolen, and the Porch Pirates Act ensures those stealing packages from private companies like FedEx, UPS or Amazon receive the same punishment,” she said.

Joe Kerr, a Democrat, said he supports rolling back parts of Prop. 47, which he said has “proven to make California less safe.”

“Criminals need to be held accountable for their actions, and victims need to be prioritized. We can support efforts to keep Californians safe in their homes, neighborhoods and schools by securing federal funding for critical security measures and programs. We must ensure that law enforcement and first responders have the tools to do their jobs and do them well,” he said.

45th district

Calling Proposition 47 a “soft-on-crime” law, Rep. Michelle Steel — locked in a tough reelection fight this year — said she supports laws that ensure criminals face the consequences of their actions.

In a questionnaire posed by the Register, Steel highlighted several pieces of legislation she has supported in Congress, including a bill from Rep. Katie Porter, D-Irvine, that aims to find alternatives to arrest for people in mental health crises and improve law enforcement training for handling these situations, among other things.

Her Democratic opponent, Derek Tran, said he has “always believed in the principles of responsibility and community,” drawing from his experience in the U.S. Army and running a small business. And as a mentor to at-risk youth, Tran said he also believes in giving people second chances through rehabilitation.

“Proposition 36 is a step toward restoring order and safety in our neighborhoods while also giving people a second chance through rehabilitation,” he said. “It represents a common-sense approach to dealing with the complexities of crime and addiction in our society.”

46th district

Rep. Lou Correa said improving data-sharing among state, federal and international agencies would help target the right criminals and protect hardworking business owners from theft and profit loss.

“The federal government has a duty to make sure that states like California have access to the federal resources and federal collaboration they need to tackle issues like rising organized retail crime head-on,” he said.

Republican David Pan said it is the states’ responsibility to pass laws punishing criminal behavior, and the federal government could help reduce crime by reforming its welfare policies. He suggested cutting welfare programs and using the money to provide a universal basic income of $16,000 per year for all Americans aged 21 and older.

“This system would create what amounts to a permanent refundable tax credit for all Americans,” he said.

47th district

Crime and public safety are particularly prominent in the race for the open 47th congressional district seat, where state Sen. Dave Min and former GOP Assemblymember Scott Baugh are in a tight race to succeed Porter.

In June, Min bucked party leadership, including Gov. Gavin Newsom, by publicly supporting Prop. 36.

“While Prop. 47 was well-intentioned, it led to unintended consequences that must be addressed,” he said.

Min said if he’s elected to Congress, he would support a “sensible approach to public safety,” one he described in a questionnaire posed by the Register as “tough on crime but also humane.”

“There should be consequences for those who have broken the law, but we should also invest in programs that try to steer at-risk youth away from criminal activities — such as community programs and early intervention — and also to try to help those who have served their time more easily reenter society, including through more investments in job training and housing,” he said.

On his campaign website, Baugh said he endorsed Prop. 36 “immediately upon its qualification for the ballot.”

“Proposition 36 rolls back the soft-on-crime provisions of Proposition 47 and adds new penalties for a broad range of theft offenses,” he said.

“Smash and grab crimes are running rampant in our communities and recently resulted in the murder of a shopper at Fashion Island in Newport Beach,” said Baugh, referencing a failed robbery attempt at the upscale mall in July that resulted in the death of a 69-year-old woman.

49th district

Rep. Mike Levin, who is running for reelection in another closely watched district, said the federal government should provide funding to local law enforcement in a way that supports officers in their duties while also promoting transparency.

He said he’d brought back federal dollars to install cameras in Oceanside Police Department’s patrol vehicles and supported legislation aimed at funding recruitment, retention, mental health and training for small and mid-sized police departments.

“These are investments in our officers and our community,” Levin said.

His Republican challenger, Matt Gunderson, said Prop. 36 will restore accountability and ensure that criminals face appropriate penalties.

“Prop. 47 has led to unintended consequences, allowing criminals to face minimal repercussions for thefts of $950 or less,” he said. “This leniency has fueled a surge in property crimes with repeat offenders exploiting the law’s weaknesses, leaving our communities vulnerable.”

Kaitlyn Schallhorn contributed to this report. 

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