On November 5, 2024, California voters passed Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act.” Proposition 36 takes effect on December 18, 2024.
Proposition 36 modifies existing law and adds charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug related crimes.
The changes include: (1) the creation of new felony theft and drug crimes for repeat offenders; (2) removal of eligibility for the sentences of some offenses to be served in county jail as opposed to state prison; and (3) alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.
Some of the enhancements for theft and property damage include harsher punishments for possessing, receiving, or selling stolen property, as well as creation of a new Penal Code relating to offenders working with two or more persons to take, attempt to take, damage, or destroy property while committing a felony.