Newsom signs retail theft package in effort to kill momentum for tough-on-crime initiative

As California residents prepare to vote on Proposition 36, a ballot initiative to reduce crime in the Golden State, Gov. Gavin Newsom addressed the issue by signing a package of 10 bills relating to property and drug crime on Friday.

Newsom and Democratic leadership in California have come out against Prop 36, claiming it will bring about a new era of mass incarceration and that it would not be cost-effective. Newsom’s opposition to Prop 36, one legal expert tells the Washington Examiner, explains his push to action on crime before the election.

“The main purpose of these bills is to try and convince people not to vote for Prop 36,” John Shu, legal scholar and constitutional law expert based out of California, said. 

“It’s not because Governor Newsom really wants to do anything about high crime,” he said. “It’s because 900,000 Californians signed the petition to get Prop 36, which reforms but doesn’t get rid of Prop 47, on the ballot.”

A Friday poll showed that 56% of residents support Prop 36, but it remains to be seen whether the recently signed legislation will satisfy California’s hunger for harsher crime laws as the state has been plagued with retail theft and organized crime.

The Yes on Proposition 36 campaign criticized California leadership for shelving two bills that they say “would have been very helpful” in dealing with smash-and-grab crimes as well as one that would have allowed for the total value of property stolen to be aggregated in determining a crime’s felony or misdemeanor status instead of having to consider each theft separately.

“These newly passed legislative bills are half measures, failing to address the fundamental issues of habitual repeat theft, the fentanyl epidemic, and the ongoing homelessness crisis, which remains unaddressed due to the lack of strong incentives for drug treatment,” their statement responding to the legislation reads.

Shu, who served in the George H.W. Bush and George W. Bush administrations, said he is “glad” to see some retail theft legislation signed into law, but agreed with the notion that the package of bills Newsom signed falls short of protecting Californians from property crime, which he stressed puts lives in danger.

The package addresses cargo theft, makes it easier to prosecute auto thefts, requires online marketplaces to start collecting bank accounts and tax identification numbers from certain sellers, and allows retailers to obtain restraining orders against convicted shoplifters.

According to Shu, there is not a lot of overlap between Prop 36 and the package Newsom signed, creating an opportunity for the measures to “work together in harmony.”

“Anyone who supports the new laws that Governor Newsom signed also should support voting for Prop 36 this November,” Shu said, “because they both work together in harmony, assuming it passes, to try and reduce these crimes, especially property and drug crime.”

Democratic San Francisco and San Jose mayors London Breed and Matt Mahan have announced their support for Prop 36, despite Newsom’s opposition. Despite Newsom unveiling the retail theft package at a Home Depot in San Jose, Mahan was not present. Home Depot has donated over $1 million in support of Prop 36, as many retailers have faced an increase in insurance and out-of-pocket costs associated with retail theft.

The Washington Examiner reached out to Newsom for comment.