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California's Proposition 36: A Shift in Criminal Penalties

2024-11-05 01:23:22.035000

In a significant development in California's legislative landscape, Proposition 36 has been introduced to increase penalties for fentanyl dealers and theft crimes by reclassifying certain misdemeanors as felonies. This measure seeks to reverse aspects of Proposition 47, which was approved by voters a decade ago and relaxed penalties for these crimes. The results of the vote on Proposition 36 will be available after 8 p.m. on election night, November 5, 2024 [e0028b5b].

Governor Gavin Newsom's recent actions have frustrated left-leaning politicians and interest groups in the state. Despite a favorable political climate, Newsom has vetoed many of the left's highest priority bills and rejected additional spending proposals. This ideological repositioning is seen as a shift towards a more moderate stance, as indicated by his veto messages and support for anti-crime bills. Newsom's actions are likely driven by a desire to be seen as an effective and relatively moderate figure, setting himself apart from the Republican Party dominated by former President Donald Trump. If Newsom continues on this path, it is expected that those on California's left will continue to be frustrated [aeac9278].

A poll conducted by the nonpartisan Public Policy Institute of California (PPIC) found that California voters are split on three tax-related measures headed for the statewide ballot in November. Only one of the measures, carried by Assemblymember Chris Ward, D-San Diego, had majority support among likely voters. The other two measures, one proposed by the California Business Roundtable and another by legislative Democrats, faced opposition from likely voters. The business proposal, which would raise the threshold for approving local and state taxes, was opposed by nearly 2-1, with 32 percent in support and 63 percent opposed. The proposal by legislative Democrats, which would lower the approval threshold for bonds and taxes to fund affordable housing and public infrastructure, was opposed by 53 percent of voters. The poll also revealed that 34 percent of voters believe it is a good time to issue bonds for state programs and infrastructure projects, while 64 percent believe it is a bad time. In other findings, Rep. Adam Schiff holds a commanding lead over Republican former baseball star Steve Garvey in the race for U.S. Senate, and Gov. Gavin Newsom has a 47 percent job approval rating from likely voters [e7a21702].

The California Supreme Court unanimously declared that a highly controversial tax limitation measure could not appear on the November ballot. The measure, called the Taxpayer Protection and Government Accountability Act, aimed to revise the state constitution and make it harder for state and local governments to raise taxes. The sponsors of the measure claimed that the court's decision was influenced by political bias and that all three branches of California's government believe that the government may decide how much money it needs and raise taxes accordingly. However, a careful reading of the court's decision shows that the justices did not demonstrate ideological bias. They ruled that the measure overreached by making fundamental changes to California's governance system, amounting to a revision of the Constitution that can only be proposed by the Legislature or a constitutional convention. The court stated that the measure would fundamentally restructure the most basic of governmental powers and impair legislative taxation powers. The court also addressed the comparison to Proposition 13, a property tax limitation measure from 1978, stating that Prop. 13's changes operated within a relatively narrow range and could be achieved directly by the people through the initiative process. The court's ruling suggests that a clarifying ballot measure on taxing authority would be welcomed in California [44486580].

California lawmakers have approved placing two bond measures on the November 5 ballot, one asking for US$10 billion for school construction and another US$10 billion to finance climate change infrastructure. The state already has about US$98 billion of bond debt outstanding and more than US$32 billion authorized but not yet issued. If approved, Proposition two would provide US$10 billion for modernization, repair, and construction of school facilities, while Proposition four would invest in safe drinking water and help communities avoid and recover from wildfires, floods, droughts, and extreme heat. Senator Ben Allen, a Democrat, said that borrowing billions of dollars now for climate resiliency programs is crucial [525ff443].

Governor Gavin Newsom has sent a letter to Oakland officials urging them to reconsider a policy that restricts police pursuits. The policy, implemented by the Oakland Police Department, only allows pursuits in limited circumstances, such as for 'violent forcible crimes' and crimes involving firearms. The Governor argues that this policy is an outlier among California law enforcement agencies and contributes to public safety challenges in Oakland. He supports the City Council's decision to review the policy and calls for a process to evaluate whether the police department is making full use of its authority to protect public safety. The Governor's letter follows his recent increase of the California Highway Patrol's presence in Oakland to address criminal activity [d11741a2].

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