Prop 47 (which was passed in 2014) downgraded most thefts from felonies to misdemeanors if the amount stolen was under $950. Prop 36 effectively reverses Prop 47 and smash-n-grab crimes can once again be prosecuted as felonies and are now eligible for Three Strikes protocols.
Clarification. The issue was never raising felony theft to $950. The professionals know exactly how much merchandise they have, and will be careful to never go over the amount for a felony. Be it $500 or $950. And I had dozens of stops that came in at between $925 but under $950. One actually came out to $947 and change.
No, the real problem was that Prop 47 removed all penalties for repeat offenders. Most people are law abiding, and those that give into temptation and start to steal on occasion are not the problem. I've caught hundreds of them, and most are absolutely mortified by the process. Especially if they go to jail (even if it is just a "catch and release" by the cops). The majority of those will likely learn their lesson and not steal again. I know this first hand, as I was caught shoplifting at 14. I had been doing it for over a year before then, but that one arrest was enough to make me stop.
Before Prop 47, the penalties were graduated. Get caught once, up to 6 months in jail and up to a $1,000 fine. Get caught a second time, up to a year in jail and $2,000 fine. Get caught a third time, $5,000 fine and a felony conviction with up to two years in jail. Under Prop 36, this is what has returned. So now all those that had multiple slap on the wrist tickets are actually looking at instant felony charges the first time they are caught again.
And that is what the entire problem was in Prop 47. By removing any increased punishments for repeat offenders, it basically gave them the green light to keep doing it over and over again.
Four men and a juvenile were arrested in Vacaville for allegedly stealing about $4,700 worth of Red Bull energy drinks.
www.kcra.com
The above is a perfect example. That was a professional crew of 4-6 individuals. One was the "booster" who actually took the merchandise. One other went into the store with him and would act overly suspicious to get employees to watch him and not the actual thief. And a third inside, when given the notice would go and flag down the van to come to the door and be ready. And their product was always the same thing, Red Bull.
Now while all of the crew was black, the "Booster" was actually Cambodian, Torn Saelee. And they had a system they used for months. They were from Oakland, and would rent a van and hop on a freeway. Hitting multiple grocery stores within 1 mile of an off-ramp for on average $900 in Red Bull. And simply follow a freeway hitting multiple stores in a single day. We called him the "Asian Red Bull Bandit", and were tracking him for months. And even though they were from Oakland, they would hit stores as far away as Chico and Modesto.
I caught him in a suburb of Sacramento (Elk Grove), with about $930 in Red Bull. When the cops arrived told them about the long list of thefts they had done, but he still got a ticket and was free to walk out the door. And less than an hour later they hit another store in West Sacramento.
And realize that in that one arrest above, they had $4,700 in product in their van. That is likely around 50 individual cases of shoplifting in a single day. And their penalty?
Every single one of them pled guilty to a single charge of petty theft.
That's it, that was California under Prop 47. Now hopefully that will start to change.
