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SANTA CLARA, Calif.—With the elections approaching, Californians are proposing a new law to fix some unintended consequences of existing laws.
Proposition 20, also known as the Criminal Sentencing, Parole, and DNA Collection Initiative, would restrict early parole, recategorize crimes, and require DNA collection for some misdemeanors. It will be on the ballot on Nov. 3.
Its purpose is to change some of the current laws—Assembly Bill 109, Prop 47, and Prop 57—that favor criminals and allow them to get away with serious crimes.
It has bipartisan support from a list of California organizations, associations, mayors, and council members.
Michele Hanisee, president of the Association of Deputy District Attorneys, was a key person in drafting Prop 20. In a Zoom conference call on Sept. 4, she explained how the proposition would change existing laws.
In 2011, Assembly Bill 109 was passed to transfer nonviolent offenders from the state government to county governments.
“Prop 20 would fix that by requiring probation to notify the court of a third violation. It doesn’t require more punishment; it requires the individual to be brought in front of the judge so that the judge can make that decision,” Hanisee said.
In 2014, Prop 47 was passed to reduce acts of potential felonies to misdemeanors. It also made it easier for criminals to get away with stealing if the amount totaled less than $950.
Thieves organized shoplifting sprees from one store to the next and are rumored to have even brought calculators with them to ensure they did not exceed $950 in any one store.
“Even if they’re caught, because it’s a misdemeanor, they receive a citation with a court date. They don’t go to jail,” said Ron Lawrence, the immediate past president of the California Police Chiefs Association. “Which means they can walk right across the street, go into the next store, and steal something else up to $950, and they’re still not going to jail.”
Prop 47 also decriminalized all drug use, eliminated mandatory drug treatment, and got rid of DNA collection.
Under Prop 20, serial thefts would be monitored, and those with repeat offenses would receive increased punishment. A criminal caught stealing $250 or more for the third time would be charged as a wobbler—a misdemeanor or a felony.
The proposition would allow victims to be informed if the attacker would be released early. It would also reinstate DNA collection for certain crimes that were reduced to misdemeanors under Prop 47.
“This is important because multiple studies have shown that DNA collection from theft and drug offenses help solve violent crimes like murder, robberies, and rapes,” Hanisee said.
In 2016, Prop 57 was passed to grant parole for nonviolent criminals. However, many serious offenses are categorized as nonviolent crimes.
According to Lawrence, felony domestic violence, solicitation to commit murder, rape of an unconscious person, and child trafficking are not categorized as violent crimes in California.
Under Prop 20, some of the crimes would be redefined, and those who have committed severe offenses would be ineligible for release.
“It puts these violent crimes right back where they belong, right in the violent crime category. It doesn’t put more people in prison, but it does hold those bad actors accountable for their heinous crimes, and it gives a voice back to our victims,” Lawrence said.
“We want the first-time offenders to be rehabilitated and get back into society and have a productive life,” said Ken Lomba, president of the San Francisco Deputy Sheriffs Association. “But for the people that are repeatedly violating the law knowingly—the professionals, the crime rings—there has to be an escalation of consequences.”
They intend to hold more Zoom conferences until the general election.
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