On December 18, 2024, Proposition 36, also known as the "Homelessness, Drug Addiction, and Theft Reduction Act," took effect. This law seeks to address homelessness, addiction, and theft through a new approach to prosecution and sentencing.
Proposition 36 brings about significant changes to California's legal framework, particularly in the context of drug and theft crimes. One of its major alterations is the introduction of 'wobbler' offenses, which can now be charged as either felonies or misdemeanors, depending on various factors. The law also defines two new wobbler offenses.
The introduction of these new wobbler offenses is a significant development. The first involves the possession of a hard drug, such as fentanyl, heroin, cocaine, methamphetamine, and their analogs, with two prior drug-related convictions, as defined under Health and Safety Code 11395 HSC. The second is petty theft or shoplifting, with two prior theft-related convictions, as defined under Penal Code 666.1 PC.
Under Proposition 36, a first offense typically results in county jail time, while subsequent offenses can lead to state prison sentences. It's crucial to note that there are no time restrictions on prior convictions that could qualify an individual for these enhanced charges. An arrest on either the drug or theft felony charge will require DNA collection, as well as a review by a judge assessing the defendant's risk to public safety to any pre-trial release from jail.
For the treatment-mandated felony found in HSC 1395, a defendant can opt for drug treatment to avoid jail or prison time, and if they complete treatment, they will not have a conviction on their record. These changes represent a significant shift in California's approach to prosecuting specific crimes.
Increased Penalties
Prop 36 significantly increases penalties for fentanyl trafficking, especially large-scale operations, demonstrating a strong stance against drug trafficking. This determined effort to combat the opioid crisis and the imposition of harsher sentences for drug dealing involving firearms highlight the serious dangers associated with drug trafficking, making the audience feel the law's robust measures against such crimes.
Notably, the new law also mandates that courts warn convicted drug dealers of potential murder charges if someone dies due to their drug trafficking activities, similar to a "Watson-style" advisement intended to deter such dangerous behavior. The Watson advisement is used in DUI cases to inform defendants that those convicted of a DUI can be charged with murder if they drive under the influence, and someone dies as a result.
The new law also allows for the aggregation of stolen property from multiple thefts, meaning multiple smaller thefts can be combined to determine if the overall value meets the felony threshold. Prop. 36 increases penalties for property crimes resulting in losses exceeding $50,000 and for crimes involving multiple perpetrators.
These changes in the law seek to deter large-scale property crime and organized criminal activity, thereby enhancing public safety. The law's strong focus on deterrence and prevention instills a sense of security in the audience, reassuring them of the state's commitment to their safety.
Key Takeaways
- Proposition 36 emphasizes treatment for drug-related offenses, recognizing addiction as a health issue requiring treatment, not just punishment. This approach, which prioritizes rehabilitation over incarceration, is designed to reassure the audience of the law's sensitivity to the complex nature of addiction and the state's commitment to addressing it.
- Prop. 36 also adopts a stricter stance on repeat offenders, utilizing the wobbler provisions and increased penalties as deterrents.
- Prop 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes.
- The proposition repealed parts of Proposition 47, passed during the 2014 general election, and amends the state constitution to increase penalties and allow felony charges for certain crimes.
- The proposition allows increasing the penalty for repeat shoplifters (those with two or more past convictions) of items with a value of $950 or less from a misdemeanor to a felony, punishable by up to three years in prison.
- The law will also allow felony sentences for certain crimes, such as theft or property damage, to be lengthened if the crime is committed by a group of three or more individuals.
Theft and Property Damage Updates
Prop 36 has significantly increased penalties for repeat offenders and made it easier to bring more serious charges for crimes involving theft and property damage. Let's review the key updates to the laws below.
- Multiple Thefts. Penal Code 490.3 allows the value of stolen property across multiple thefts to be combined (or aggregated) to meet the $950 threshold required for felony charges. Under the new law, a series of smaller thefts can collectively meet the felony threshold, even if those thefts were unrelated in intent or plan. This new section applies to theft or shoplifting, including violations of Penal Code sections 459.5, 484, 488, and 490.2.
- Repeat Theft Offenders. Proposition 36 permits prosecutors to upgrade a charge for petty theft or shoplifting to a felony offense if the individual has two or more prior convictions for theft-related offenses. Any prior qualifying convictions, regardless of their age, can be used to elevate current charges to a felony offense under this statute.
- Escalate Charges. Prosecutors have broader authority to escalate charges based on your criminal record, resulting in harsher penalties that could include state prison time for repeat offenders.
- Prior Convictions. After an arrest on a Penal Code 666.1 PC charge, subdivision (c) requires judicial review prior to release from custody to make an individualized determination of the arrestee's risk to public safety and likelihood to return to court.
- Large-Scale Crimes. Penal Code 12022.6 reintroduces a broad range of sentencing enhancements for offenders who steal, damage, or destroy property with a value exceeding certain thresholds, such as a one-year enhancement for losses that exceed $50,000.
- Acting in Concert. Penal Code 12022.65 PC is a new enhancement that applies when an offender acts in concert with two or more persons to take, attempt to take, damage, or destroy property, in the commission or attempted commission of a felony.
Drug-Related Crime Updates
Proposition 36 modified California's drug laws by introducing harsher penalties for both drug possession and distribution offenses, with an emphasis on fentanyl. However, the law also seeks to balance these harsher penalties with offering pathways for treatment and rehabilitation for certain offenders, recognizing that addiction is a complex issue. This comprehensive approach aims to address the root causes of drug-related crimes, providing reassurance to the audience about the state's approach to these issues. Let's review the changes below:
- HSC 11369. Proposition 36 creates a new Section 11369 in the Health and Safety Code, which requires the trial court to advise anyone convicted of violating Health and Safety Sections 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug.
- Hard Drugs. This refers to substances like heroin, cocaine, and fentanyl, which are known for their high potential for abuse and severe physical and psychological dependence.
- Murder Charges. A defendant can be charged with homicide, up to and including murder, if they continue to distribute, sell, furnish, administer, give away, or manufacture any drug after being advised of its dangers, and this action leads to a death.
- Enhanced Penalties for Fentanyl. Proposition 36 has introduced weight-based penalty enhancements for fentanyl possession and distribution. Sentences range from three additional years for possessing over 28 grams to 25 additional years for amounts exceeding 80 kilograms. Possession of fentanyl while armed with a firearm has been criminalized.
- Treatment-Mandated Felony Act. In lieu of jail or prison time, the defendant charged under this statute can opt for court-ordered treatment for addiction. Successful completion may result in the charges being dismissed altogether. This provision provides an opportunity for individuals struggling with addiction to avoid long-term consequences if they are committed to rehabilitation.
- Drug Possession While Armed. Health and Safety Code section 11370.1 is modified to expand the felony crime of unlawfully possessing a specified substance while armed with a loaded, operable firearm to include any substance containing fentanyl.
- Great Bodily Injury (GBI) Enhancement. Prop 36 amends Penal Code 12022.7 PC, which provides that a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant physical injury from using the substance.
Why You Need a Defense Lawyer
Proposition 36 introduces sweeping reforms that can significantly affect criminal cases in California. If you've been accused of a crime, it's important to understand how these new changes might influence the charges and penalties you face.
Our California criminal defense attorneys can help you navigate these changes and work on your behalf to get the best possible outcome for your case. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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