Prop 36 Election Results for California's crime, drug trafficking measure

BREAKING UPDATE: California voters have voted "yes" to Proposition 36 in favor of harsher penalties for crimes such as theft and drug trafficking.

The measure passed with an overwhelming 70% of YES votes.

Proposition 36 aims to implement harsher penalties for theft and drug trafficking in a state that’s earned a reputation for being "soft on crime." If passed, some of these crimes that were previously classified as misdemeanors would be recategorized as felonies, reversing Prop 47 which voters passed in 2014.

While several progressive mayors and retailers are for it, Gov. Gavin Newsom and the California Democratic Party are against it.

If California votes "yes," Prop 36 would reverse Prop 47 and reclassify certain drug offenses and thefts under $950 to be classified as felonies rather than misdemeanors. It would also allow for increased prison sentences and create a new category of crime — "treatment-mandated felony."

According to the state, the theft of items worth $950 or less is generally a misdemeanor, but Prop 36 would make the crime a felony if the person has two or more past convictions for theft crimes.

Those who oppose argue this would actually have the opposite effect it intends and believe it would ultimately lead to more crime and will take away funds for victim finding.

Another issue Prop 36 tackles is "smash and grab" robberies that have been rampant in Los Angeles County.

Palm Springs City Councilmember Lisa Middleton, who is running for one of the closest State Senate races in the country, which includes San Bernardino and Riverside County, argues while Prop 36 is backed by law enforcement, the package isn’t good enough.

"Prop has the overwhelming support of law enforcement across the state, particularly including, my police chief, our local officers. And what they tell us is they need the reforms that are in 36 months. Particularly, the ability that, instead of being dictated by having a $950 limit in order to be able to charge a felony, those professional thieves that are out there that know this law up and down, who have been convicted of two arrests, can then be convicted of a felony when there is a third. It will be what the law enforcement individuals refer to as a wobbler, that gives district attorneys the discretion as to whether or not to charge for a felony," she explained.

Some officials said one of the purposes of Prop 47 was to help manage the prison population. While Gov. Newsom said he fears Prop 36 would bring back mass incarceration, Middleton said she disagrees after speaking to local district attorneys.

"They are not, in an effort to go in and start doing mass incarceration, incarceration. What they want is the discretion when they're dealing with individuals who have a history of, committing crimes. When you see the kinds of individuals smashing windows, smashing doors and, committing crimes over and over again, that we have the discretion to take and go after those individuals," Middleton said.

Financial Impact

It is believed if passed, the cost would range between tens of millions of dollars to hundreds of millions of dollars each year amid an increase in the prison population.

When Prop 47 passed, the state savings, an estimated $95 million, were to be allocated to mental health and drug treatment, school truancy, along with services for victims. If California voters vote to pass 47, these are some of the state departments that would lose funding.