“It’s broken. I initially supported the law, as I was sold on the fact it would keep drug addicts and those with mental health issues out of our prisons,” David Canepa, San Mateo County supervisor, a Democrat, told The Epoch Times by email Aug. 31. “But what we’ve seen is an incredible uptick in shoplifting and crimes against property that are generally charged as misdemeanors.”
Prop 47 reclassified certain felonies as misdemeanors, including several related to drug possession, shoplifting, petty theft, and receiving stolen property. Felony limits were raised from $450 to $950, with crimes involving lesser amounts categorized as misdemeanors carrying maximum punishments of six months in a county jail.
The law also eliminated the offense of petty theft with a prior, which previously allowed prosecutors to escalate charges to felonies for repeat offenders.
A lack of consequences is fueling the widespread looting and property theft crimes occurring in the state, Mr. Canepa said.
“The $950 threshold for a felony charge under Prop. 47 must be reexamined by state lawmakers if we really want to combat this epidemic in California,” he said. “Organized crime mobs have taken advantage of Prop. 47 because they know that if they do get arrested, they can simply walk out of jail the next day and only face misdemeanor charges. This has led to a proliferation of flash mobs raiding retailers and creating fear amongst shoppers.”
Thieves hit Nordstrom at the Westfield Mall in Topanga Canyon in August, and the retailer closed its location in iconic Union Square in San Francisco earlier this year reportedly due to rising crime.
Once bustling with tourists visiting high-end shopping destinations, empty storefronts and hundreds of for-lease signs now make up the downtown area, and office vacancy rates are at historic highs.
Open-air drug use and a prevalence of fentanyl-related overdose deaths create public safety issues, according to residents, with some pointing to Prop 47 as exacerbating addiction problems in the state by allowing drug users and dealers to operate without fear of consequences.
Supporters of Prop 47 point to the lower number of arrests as evidence that the law is succeeding, and comparisons to crime peaks from the early 1990s—when per capita arrests were much higher than today—are used to also justify its effectiveness.
Opponents argue that Californians and businesses are suffering from Prop 47 and what they say are other policy failures that are creating public safety problems.
Noting that the Legislature is more focused on criminal justice reform and reducing sentencing guidelines, the San Mateo County supervisor said he believes citizens will have to demand change and use their authority to create law with a ballot measure.
“The power is in [voters’] hands. Continued pressure is needed if we want to see real change,” Mr. Canepa said. “If the state Legislature won’t do it, then the voters have the power to put a measure on a statewide ballot to amend Prop. 47 to hold these crime syndicates accountable.”
