Keeping communities safe from crime is one of government’s biggest responsibilities. However, crime in San Diego has increased over the past year, and if current laws continue to allow criminals to be released from jail without bail and ignore what are now considered low-level property and drug crimes, San Diego will end up like San Francisco, riddled with open drug use and theft.
Proposition 47 has created an unsafe environment for all in San Diego. We can change that by petitioning our elected representatives to support legislation that will modify the law to curb escalating crime in San Diego.
Many in California support changes to Prop. 47, a failed experiment in criminal justice reform which reduced some theft and drug felonies to misdemeanors. The law was intended to treat what are considered low-level criminals with more compassion. But Prop. 47 actually led to a rise in shoplifting and theft from motor vehicles throughout the state, and San Diego is no exception.
By reducing penalties associated with property crimes, Prop. 47 deprioritizes justice for San Diego residents and businesses, which are now increasingly victims of thieves operating with near impunity. Even if the thief is caught on camera local law enforcement does not have the staff to investigate what are now classified as low-level property crimes.
Stealing is still illegal, and some reports suggest property crime in San Diego is down, but many property crimes are underreported. This is likely due to San Diegans believing that nothing will happen to the perpetrator when a theft is reported to the police. Sadly, they are correct.
In addition to reclassifying some offenses to misdemeanors, the ballot measure raised the threshold for the value of goods stolen to trigger a felony from $400 to $950. Over 300 San Diego residents were recently polled on the popular community website Nextdoor and asked the question, “Should thieves who steal a package off your porch, or a child’s bike or something from an open garage be arrested if the amount is under $950.” A whopping 96 percent said “Yes”.
Efforts to revise Prop. 47 were made in early 2022 through Assembly Bill 1603. The bill would have reduced the threshold amount for petty theft and shoplifting from $950 back down to $400 and would have also allowed shoplifting to be tried as a felony again if the person who committed the crime had prior convictions. Also introduced was Assembly Bill 1599, a bill that would have almost entirely eliminated Prop. 47 by repealing almost all changes and additions made by the initiative.
However, even with skyrocketing crime, both bills failed to get the assembly votes needed to change the law. This year a new bill to repeal Prop. 47 has been proposed. Assembly Bill 335, would lower the felony theft threshold of $950 to $400 and repeal many of the changes and additions made by Prop. 47 in an effort to reduce theft.
Organized retail theft is on the rise and police and store owners attribute it to Prop 47. Shoplifters now operate openly with impunity. Thieves will even bring in calculators to ensure that they do not go over the $950 limit. Larcenists will go into a store, fill up their backpack, come out, dump it and go right back in to do it all over again.
Prop. 47 is a virtual “Get Out of Jail Free” card, but those who steal need to be removed from the streets, even if just for a short period of time, so they can no longer prey on law-abiding citizens. Many thefts are sparked by drug-addicted criminals who need to steal to support their addiction.
Even if they are caught with a few stolen goods or small amounts of narcotics including heroin, crystal methamphetamine and fentanyl, they don’t fear arrest because their crime falls under Prop. 47. But while incarcerated, they should also be provided with counseling, mental health and substance abuse services to help them regain control of their lives.
Although some of the criminal justice reforms brought about by Prop. 47 were positive, the unintended consequences dramatically outweigh the benefits. There are ways to counter the ill effects of rising crime due to failed laws such as Prop. 47 and the first step is to petition all of our elected officials to support AB 335 and put an end to damaged done.
Mark Powell is a former reserve police officer with the San Diego Police Department. He served on the San Diego County Board of Education from 2016 to 2020, representing District 1.