LOS ANGELES (CNS) – A ballot measure that will roll back decade-old criminal justice policies in California and toughen penalties for some offenders was easily approved by voters, but another effort to expand rent- control protections was soundly defeated.
Proposition 36 received the lion’s share of attention among the 10 statewide propositions on Tuesday’s ballot, with backers calling it an overdue effort to toughen penalties and crack down on smash-and-grab robberies and repeat theft offenders, but detractors contending it would strip away millions of dollars in funding for critical mental health, drug treatment and rehabilitation programs while leading to mass incarceration.
The primary thrust of the measure is to toughen penalties for some drug offenses and thefts. The proposition — which won support of roughly 70% of voters as of Wednesday morning — will change the California criminal code to charge certain drug possession and thefts under $950 as felonies, primarily for defendants with prior convictions for similar crimes.
Those offenses were reduced to misdemeanors under Proposition 47, which was passed by California voters 10 years ago as the state was plagued with prison overcrowding.
Prop 36 will also enact tougher penalties for flash-mob-type robberies committed by groups of thieves.
A divided Los Angeles County Board of Supervisors in September took a formal position against the measure. A motion by Supervisors Holly Mitchell and Hilda Solis against the proposition argued that the voter-approved Proposition 47 provides millions of dollars for programs such as housing services, mental health care, substance use disorder treatment, and job training, and passage of Prop 36 would “result in a loss of funding for Los Angeles County programs that provide alternatives to incarceration and necessary supportive services to communities.”
The motion contended the measure would lead to increased incarceration rates, higher court costs, and enforcement of punitive measures that would take away funding from programs aimed at reducing recidivism and crime.
Supervisor Kathryn Barger, however, argued in favor of Prop 36, saying it “will reinstate accountability on crimes destroying the quality of life of law-abiding people in Los Angeles County.”
“I believe this proposition isn’t about overturning Proposition 47 in its entirety,” she said. “Proposition 36 was created by a group of bi- partisan state legislators. It’s focused on modifying legal loopholes that repeat offenders exploit as they manipulate the system to avoid legal consequences.”
In other statewide ballot measures:
— Proposition 33 was aimed at expanding local governments’ ability to impose rent control to more types of housing by repealing the Costa-Hawkins Rental Housing Act, a 1995 law that restricts rent control housing in the state. Under Costa-Hawkins, cities cannot impose rent control over single- family housing or developments built after 1995.
As of early Wednesday, it was heading to defeat, with more than 62% of votes saying no.
Backers said the measure would provide critical protections for tenants struggling to make ends meet, particularly seniors on fixed incomes. Critics, including the Howard Jarvis Taxpayers Association, argued Prop 33 would make the state’s housing shortage even worse by discouraging construction of new rental housing. Opponents said California voters have defeated two similar measures already in 2018 and 2020.
— Nearly 57% of voters were backing Proposition 2, which would authorize $10 billion in state bonds for repair, upgrade and construction at K- 12 public schools, while also expanding eligibility for financial hardship grants for small and disadvantaged school districts. Opponents said the state should do a better job managing education funds it already has before incurring another $10 billion in debt.
— With the backing of more than 62% of voters as of Wednesday, Proposition 3 will amend the state Constitution to recognize the right to marry, regardless of sex or race, removing language stating that marriage can only be between a man and a woman.
— Proposition 4 was also approved, authorizing $10 billion in state bonds for various climate and environmental projects, including $3.8 billion for drinking water protection and resilience and nearly $2 billion for wildfire prevention and heat mitigation efforts.
— Proposition 5, a measure that would lower the threshold for voter approval of local bond measures for affordable housing and certain public infrastructure projects to 55% of voters, rather than the existing two-thirds majority, was being defeated. As of Wednesday morning, it only had support of 43% of voters.
— Proposition 6 was also being defeated, with only about 45% of voters in support. It would amend the California Constitution to prevent prisons from forcing inmates to work, deeming it “involuntary servitude,” and instead allowing inmates to accept work assignments in exchange for credit to reduce sentences.
— Proposition 32 was too close to call as of Wednesday. It would amend the state’s minimum wage requirements, requiring employers with 26 or more employees to pay $17 per hour for the rest of 2024 and $18 an hour beginning Jan. 1. Smaller companies would be required to pay $17 per hour beginning Jan. 1 and $18 an hour beginning Jan. 1, 2026. The current state minimum is $16 per hour.
— Also too close to call was Proposition 34, which would require select health care providers to spend 98% of revenue from federal discount prescription drug programs on direct patient care.
— Voters strongly backed Proposition 35, which will make permanent the existing tax on managed health care plans that is set to expire in 2026, providing revenue for health care services for low-income families with children, seniors, disabled people and other Medi-Cal recipients.
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