Should prison-limiting Prop. 47 be repealed? California voters should get chance to decide

The images were shocking: brazen robbers smashing glass windows and display cases at high-end retailers in luxury malls in the Bay Area and Los Angeles days before Thanksgiving.

Customers were rattled and left wondering if it was safe to venture out for holiday shopping.

The reactions of police chiefs and district attorneys were understandable, if not predictable: Pledges to catch the thieves, and blame aimed at law officials’ favorite target to hate: Proposition 47.

That is the 2014 measure passed by 60% of California’s voters that reduced certain crimes from felonies to misdemeanors. (It should be noted that 55% of Fresno County voters checked “no” on their ballots.)

Ever since, law authorities have blasted it as a “get out of jail free card” that has emboldened criminals to commit acts like smash-and-grab robberies.

Now comes a new effort by an Assembly member from Fresno to give voters a chance to reconsider Proposition 47 and, if a majority agrees, repeal it.

As reported by Bee staff writer Thaddeus Miller, Republican Jim Patterson believes changing felonies to misdemeanors, as Prop. 47 did, artificially lowered the crime rate in the state, but doesn’t reflect reality.

“The reason crime statistics are down is because they changed the kind of crimes reported in the statistics,” he said last week. “Yet those very crimes are dangerous, hurtful and should be treated as felonies.”

Rather than focus on reducing criminal sentences, the state’s priorities should be “on the side of repeat victims,” he said.

Newsom backs 47

Part of why Proposition 47 was undertaken was to reduce overcrowding in state prisons. This was accomplished by converting some non-violent drug and theft crimes from felonies to misdemeanors, including thefts of retail items valued up to $950.

Justice-reform proponents also said the legal structure disproportionately imprisoned Black and Latino defendants for what were more minor crimes.

Gov. Gavin Newsom has steadfastly backed Proposition 47, and came out against recent critics in the wake of the sensational robberies.

Newsom said the organized thefts had nothing to do with Prop. 47. “I’m just sick and tired of this ‘either/or’ debate, which I think is rather lazy and unfortunate,” he said last month.

That has not stopped critics from blasting Proposition 47. Fresno County District Attorney Lisa Smittcamp blames Newsom for creating a situation “where it is nearly impossible to hold these criminals accountable under the current laws.”

Newsom has proposed spending $335 million in the next budget on crime prevention measures. That would be in the form of grants to law enforcement and district attorneys as they deal with retail theft, gun violence and drug crimes.

Let voters decide

Patterson’s GOP colleagues Kevin Kiley of Granite Bay and James Gallagher of Chico are co-authors of Assembly Bill 1599. Eight other Republicans are co-sponsors.

The Assembly and Senate are both dominated by Democrats, who hold a supermajority of the Legislature. So on its face, it seems unlikely the bill will go anywhere, given the GOP’s superminority status.

However, homicides and property crimes rose in 2021 from the year before. Homicides jumped 17% year over year in four cities — Los Angeles, Oakland, San Diego and San Francisco, according to the Public Policy Institute of California.

And Fresno tallied more than 70 killings last year, following the total of 74 in 2020.

It should be noted the past two years have been highlighted by the COVID pandemic, which has upset normal life throughout the state.

Longtime California politics commentator Dan Walters wrote in November that, given recent crime developments, the pendulum swing of voter mood might shift back to being tougher on crime.

So, maybe the timing is good for Patterson’s bill.

The voters had a chance to make the call in 2014 when they passed Proposition 47. It is only right that they get a renewed opportunity now. Democrats in the Legislature should pass AB 1599 and let the people decide.