Democratic mayors support DAs’ initiative to reverse part of Prop 47

A proposed ballot initiative backed by the California District Attorneys Association to increase penalties for retail theft and fentanyl-related crimes picked up the support of the Democratic mayors of San Francisco and San Jose on Thursday.

Proponents of the initiative, which would modify 2014’s Proposition 47, say they have already collected more than 360,000 signatures. They need 546,651 valid signatures as of the April 26 deadline to qualify for the November ballot.

Prop. 47 increased the threshold for a theft to be considered a felony from $400 to $950, which sparked debate over whether it has made it impossible to hold repeat offenders accountable for their crimes.

The endorsements for a reversal of some of the provisions — by San Francisco Mayor London Breed and San Jose Mayor Matt Mahan — come as legislators in Sacramento have introduced bills that would allow courts to consider a criminal’s prior convictions for theft, possibly transforming misdemeanor offenses into felonies for a third offense.

Gov. Gavin Newsom announced plans Thursday to send state attorneys to help prosecute crimes in Alameda County, with a focus in part on organized retail crime and fentanyl trafficking as well as more serious crimes such as homicide.

Former Sacramento County District Attorney Anne Marie Schubert — one of the leaders of the initiative — said that any changes to Proposition 47 would have to be approved by voters anyway. “We don’t want to have to rely on the Legislature,” she said in a phone interview. She said the proposed initiative is “not an effort to return to mass incarceration” but instead is a holistic approach designed to allow judges to treat third offenses as felonies and to allow tougher punishments for fentanyl dealers “depending on the weight.”

Breed touted the initiative in a statement.

“In San Francisco, we are making progress on property crimes, but the challenges we are facing related to fentanyl and organized retail theft require real change to our state laws,” she said.

“Fentanyl is deadlier and more addictive than any drug we’ve ever seen, and it is tearing communities and families apart. We need greater interventions to get people into treatment and to hold those selling this drug in our community accountable.”

Breed and Mahan joined Republican backers of the initiative, which has as its top donors Walmart Inc., Target Corp. and the California Correctional Peace Officers Association.

San Diego Mayor Todd Gloria previously called for changes to Proposition 47, saying in his State of the City address that criminals have “exploited these reforms.”

Breed, Mahan and Gloria are running for reelection this year, and, like politicians across the state, are taking a tougher approach on crime. Commercial shoplifting rose 28.7% in 2022 statewide, albeit from the unusually low rates during the COVID-19 pandemic. The numbers are 8% lower than pre-pandemic levels, according to a September report from the Public Policy Institute of California. Commercial burglaries and robberies are up.

One key change in Proposition 47 was an elimination of felonies for “repeat offenders” and a provision that any theft up to $950 in value is a misdemeanor. Under the proposal, judges would have discretion to treat those cases as felonies.

The proposed initiative would allow prosecutors to add up the value of property stolen in multiple thefts so defendants could be charged with a felony instead of petty theft.

Newsom has defended Proposition 47, arguing that the $950 limit on felonies is one of the lowest in the nation. He has said the main problem is organized retail theft.

Schubert expressed confidence that the initiative would get enough signatures to qualify for the November ballot, citing public opinion surveys supporting a more aggressive approach against fentanyl dealers and “smash-and-grab” robbers.