Led by a bipartisan group of lawmakers, businesses, and law enforcement, the measure would enhance criminal penalties for shoplifting and drug dealing.
While campaigning in battleground Michigan on Nov. 3, Vice President Kamala Harris said her mail-in ballot was “on its way to California” and declined to say how she voted on her home state’s Proposition 36, which would enhance criminal penalties for shoplifting and drug dealing.
Launched by Californians for Safer Communities and supported by retail giants Walmart and Target, the measure would reverse portions of Proposition 47, which was passed by voters in 2014 to reduce prison population by lowering certain drug possession and theft charges from felonies to misdemeanors.
Harris passed on the question while speaking with reporters on Sunday.
“I am not going to talk about the vote on that. Because honestly, it’s the Sunday before the election, and I don’t intend to create an endorsement one way or another around it,” Harris said. Prior to becoming vice president, she served as San Francisco district attorney and as attorney general of California before she was elected as U.S. senator.
The measure would make shoplifting a felony for repeat offenders, while also increasing drug charges, including those involving fentanyl, a powerful and deadly synthetic opioid. Judges would also have the authority to order treatment for those with multiple drug charges.
Proponents—including the bipartisan group of law enforcement, businesses, and elected officials that launched it—said the initiative would remove criminal loopholes that create obstacles for law enforcement looking to charge those who shoplift and deal drugs.
Some Democratic state leaders and social justice groups who oppose the measure believe it would lead to disproportionate incarceration of poor people and those with drug abuse issues, instead of going after the criminals who organize rings of people to steal from stores so the products can be resold online.
California Gov. Gavin Newsom, a Democrat, has repeatedly dismissed repealing Proposition 47, suggesting that the state already has the resources and tools it needs to prosecute and sentence criminals. State lawmakers have also introduced bills to address retail theft and the resale of stolen goods online.
“Not to say everything about Prop. 47 is hunky-dory and perfect,” Newsom said earlier this year. “We want to help fix some of the ambiguities there, but we could do it without reforming or going back to the voters.”
San Francisco Mayor London Breed, also a Democrat, who is facing scrutiny amid a tough fight for reelection as her opponents charge her with allowing crime to increase in the city, has come out in support of the new Proposition 36.
“The Homelessness, Drug Addiction, and Theft Reduction Act will make targeted but impactful changes to our laws around fentanyl and help us tackle the chronic retail theft that hurts our retailers, our workers, and our cities. I fully support this measure and know it will make a meaningful difference for cities across California,” she said in a statement.
California’s approach to crime is a central issue in this election cycle.
Alameda County District Attorney Pamela Price, also a Democrat, is facing a recall election this year, and the opponent of Los Angeles Democratic District Attorney George Gascón has condemned the prosecutor’s progressive stance on crime.
Crime data suggest that shoplifting increased in both San Francisco and Los Angeles between 2021 and 2022, according to a Public Policy Institute of California study.
California saw a statewide increase in shoplifting rates during that time, although lower than levels prior to the COVID-19 pandemic. The study noted that commercial burglaries and robberies have increased in urban counties.
The Associated Press contributed to this report.