TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:
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Consider Adopting a Resolution Supporting Proposition 36 - The Homelessness, Drug Addiction, and Theft Reduction Act
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RECOMMENDATION
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Adopt Resolution No. 24-4786 entitled: A Resolution of the City Council of the City of Murrieta, California, Supporting Proposition 36 - the Homelessness, Drug Addiction, and Theft Reduction Act.
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PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Provide a high level of innovative public safety.
BACKGROUND
The City of Murrieta’s Legislative Platform includes provisions supporting efforts that strengthen law enforcement and public safety. While the City may advocate for various legislative items pending before the Governor, State Senate, or Assembly, State law only permits the City Council to support or oppose information regarding a proposed ballot measure and adopt a Resolution if deemed appropriate.
The “California for Safer Communities” Coalition proposed the “Homelessness, Drug Addiction, and Theft Reduction Act,” which qualified for inclusion on the 2024 November Statewide ballot. The measure aims to reinstate penalties for trafficking hard drugs, including fentanyl, increase penalties for persons who engage in repeated theft, address “smash and grabs” and organized retail theft, provide diversion programs to repeat offenders and expand judicial discretion on where sentences are served.
The measure includes provisions related to fentanyl:
1) The court must provide an advisory statement to a person convicted or pleading no contest to a hard drug charge that their sale or furnishing of drugs or pills that lead to the death of another person could result in a homicide charge.
2) Adds fentanyl to the list of substances that result in a felony punishable by two, three, or four years of incarceration if possessed by a person while armed with an operable firearm.
3) Increases penalties for sale or purchase for the purpose of selling a substance containing fentanyl.
4) It requires defendants convicted of an underlying violation and an enhancement to be sent to State prison instead of the county jail.
5) Amends existing law to provide that a person who sells, furnishes, or gives away a controlled substance is deemed to have personally inflicted bodily injury if the purchaser/receiver suffers a significant or substantial personal injury.
6) Changes the sentences for certain crimes involving cocaine and heroin to state prison instead of county jail.
7) Provides that a first conviction for possession of a hard drug without a prescription is punishable in county jail, and the second is punishable by one year in county jail or imprisonment in State prison.
8) Provides that, unless a court determines such treatment is not suitable, a person shall not be sentenced to jail or prison and, in lieu of jail or prison, may elect treatment by pleading guilty or no contest.
The measure also provides new methods for the penal system to address multiple acts of shoplifting. It allows cases involving one or more acts of theft or shoplifting to be aggregated into a single count or charge, with the sum of the value of all property or merchandise to be considered when determining the degree of theft.
The provisions related to repeat offenders include:
1) A person who has two or more prior convictions for petty theft, grand theft, theft from an elder or dependent adult, theft or unauthorized use of a vehicle, burglary, carjacking, robbery, receiving stolen property, shoplifting, identity theft, or mail theft and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or up to three years in prison depending on the type of felony (existing law Penal Code Section 1170).
2) A prosecutor or probation department could refer a person to a theft diversion or deferred entry of judgment program and, if appropriate, a substance abuse treatment program.
Provisions related to “smash and grabs” and organized retail theft:
1) When a person takes, damages, or destroys any property in the commission or attempted commission of a felony or a felony violation of Penal Code Section 496 (receiving stolen property), the court must impose a term in addition and consecutive to the punishment for the felony as follows:
o If the loss or property value exceeds $50,000, the court must impose an additional term of one year.
o If the loss of property value exceeds $200,000, the court shall impose an additional term of two years.
o If the loss or property value exceeds $1,000,0000, the court shall impose an additional term of three years.
o If the loss or property value exceeds $3,000,000, the court shall impose an additional term of four years.
o The court shall impose a term of one year in addition to the term specified above for every additional loss or property value of $3 million.
2) Any pleading involving multiple charges of taking, damage, or destruction or multiple violations of theft, additional terms may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the $950 value amount and arise from a common scheme or plan.
3) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony shall be punished by an additional consecutive term of imprisonment of one, two, or three years.
The Murrieta Police Department strongly supports Proposition 36 because it would address many of the issues created by Proposition 47, which was passed by California voters in 2014, including:
• Increased accountability and consequences for those who commit theft multiple times, whereas currently, there are almost no consequences for theft;
• Holding fentanyl dealers accountable, which will help address the fentanyl crisis Riverside County is facing, including deaths caused by overdoses; and
• Enabling the courts to mandate drug treatment programs for certain offenders, which will help address the issues of mental illness, homelessness, and drug addiction.
The League of California Cities Board voted in July to support Proposition 36 and will be supporting the campaign in Riverside County.
FISCAL IMPACT
Adopting Resolution No. 24-4786 regarding the proposed measure has no fiscal impact on the City’s General Fund. However, the State Legislative Analyst’s Office notes that the measure could increase costs for State prison, county jail, and county community supervision, though these are not direct costs the City of Murrieta would incur.
ATTACHMENTS
1. Resolution No. 24-4786
2. Proposition 36 - Measure Text