TEXT OF PROPOSED LAWS PROPOSITION 35 CONTINUED
(c) Statutory References. Unless otherwise stated, all
references contained in this chapter to statutes codified outside of this chapter refer to those statutes as they existed on July 1, 2023.
(d) Effective Date. This chapter shall take effect on the next January 1 following its approval by the voters of
California.
14199.136. Standing to Defend Chapter
Notwithstanding any other law, if the State of California or any of its officers or officials fail to defend the
constitutionality of this chapter, following its approval by the voters, any other state or local government
agency of this state shall have the authority to intervene on behalf of the State of California or the department in a court action challenging the constitutionality of this chapter for the purpose of defending its
constitutionality, whether that action is in state or
federal trial court, on appeal, or on discretionary review by the Supreme Court of California or the Supreme
Court of the United States. The reasonable fees and
costs of defending the action by the other state or local government agency shall be a charge on funds
appropriated to the Department of Justice, which shall
be satisfied promptly.
SEC. 2. Appropriations Limit.
(a) Commencing with the 2025–26 fiscal year,
pursuant to Section 4 of Article XIIIB of the California Constitution, the electors of the State of California
hereby adopt an increase in the appropriations limit for the State of California equal to the amount of the
revenues generated by the taxes contained in Article 6
(commencing with Section 14199.123) of this act and
Article 7.1 (commencing with Section 14199.80) of
Chapter 7 of Part 3 of the Welfare and Institutions
Code.
(b) The duration of the increase in the State of
California’s appropriations limit adopted pursuant to
this section shall be for the maximum amount of time
permitted under Section 4 of Article XIIIB of the
California Constitution.
35 36
SEC. 3. Conflicting Initiative Measures.
The people of the State of California hereby find and
declare:
(a) If this initiative measure and another initiative
measure or measures that raises or extends a managed
care organization provider tax to fund Medi-Cal
services, benefits, and coverage appear on the same
statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. If this initiative measure receives a greater
number of affirmative votes, the provisions of this
measure shall prevail in their entirety, and the
provisions of the other initiative measure or measures
shall be void.
(b) This act continues an existing tax on managed care
organization providers, a type of health care service
plan, that is used for the purpose of increasing
reimbursement rates or payments under the Medi-Cal
126 | Text of Proposed Laws
program. Initiative No. 21-0042 Amendment #1
exempts from the definition of “tax” a levy, charge, or exaction collected from local units of government,
health care providers, or health care service plans that is primarily used by the State of California for the
purposes of increasing reimbursement rates or
payments under the Medi-Cal program. Therefore, no
conflict exists between this act and Initiative
No. 21-0042 Amendment #1.
(c) This act does not alter, apply to, or address the
matters contained in Initiative No. 23-0021
Amendment #1. Therefore, no conflict exists between
this act and Initiative No. 23-0021 Amendment #1.
PROPOSITION 36
This initiative measure is submitted to the people in
accordance with the provisions of Section 8 of Article II of the California Constitution.
This initiative measure amends and adds sections to
the Health and Safety Code and the Penal Code, and
adds a section to the Government Code; therefore,
existing provisions proposed to be deleted are printed
in strikeout type and new provisions proposed to be
added are printed in italic type to indicate that they are new.
PROPOSED LAW
THE HOMELESSNESS, DRUG ADDICTION, AND
THEFT REDUCTION ACT
SECTION 1. Title.
This act shall be known as The Homelessness, Drug
Addiction, and Theft Reduction Act.
SEC. 2. Purposes and Intent.
This measure will reform laws that have dramatically
increased homelessness, drug addiction, and theft
throughout California.
This measure will:
(a) Provide drug and mental health treatment for
people who are addicted to hard drugs, including
fentanyl, cocaine, heroin, and methamphetamine.
(b) Add fentanyl to existing laws that prohibit the
possession of hard drugs while armed with a loaded
firearm.
(c) Add fentanyl to existing laws that prohibit the
trafficking of large quantities of hard drugs.
(d) Permit judges to use their discretion to sentence
drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large
quantities or are armed with a firearm while engaging in drug trafficking.
(e) Warn convicted hard drug dealers and
manufacturers that they can be charged with murder if
they continue to traffic in hard drugs and someone dies as a result.
TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
(f) Reinstate penalties for hard drug dealers whose
trafficking kills or seriously injures a drug user.
(g) Increase penalties for people who repeatedly
engage in theft.
(h) Add new laws to address the increasing problem of
“smash and grab” thefts that result in significant losses and damage, or that are committed by multiple thieves
working together.
SEC. 3. Findings and Declarations.
The people of the State of California find and declare as follows:
(a) Reducing Homelessness Through Drug and Mental
Health Treatment
(1) California has reached a tipping point in its
homelessness, drug, mental health, and theft crises.
Our state has the highest rate of homelessness per
capita of any state in the country. And drug overdoses
now kill two to three times the number of people in
California as car accidents.
(2) Since the passage of Proposition 47 in 2014,
homelessness in California has increased by
51 percent, while during the same time period in the
rest of the country, it has declined by 11 percent.
Proposition 47 reduced the legal consequences of both
possession of hard drugs (fentanyl, cocaine, heroin,
methamphetamine, and phencyclidine), and theft. The
result has been massive increases in drug addiction,
mental illness, and property crimes, including retail
theft, committed by addicts to support their addiction.
At the same time, California has seen a dramatic
decrease in mental health and drug treatment for
homeless people due to reduced incentives to
participate in treatment. Our homelessness problem is
directly connected to these unintended consequences
of Proposition 47, which the voters now desire to
correct.
(3) Progressive states, including New Jersey,
Maryland, Illinois, and Michigan, have significantly
stronger hard drug laws than California, and their
homeless rate is 4 to 5 times lower than California’s.
(4) This proposal takes a modest step in the direction
of these states by enacting a new class of crime called a “treatment-mandated felony.” Under this new
“treatment-mandated felony,” prosecutors would have
the discretion to charge a felony for hard drug
possession after two previous drug convictions. If
charged with this “treatment-mandated felony” for a
third or subsequent drug offense, the offender would
be given the option of participating in drug and mental health treatment. If the offender successfully
completes drug and mental health treatment, the
charge would be fully expunged, and the offender
would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of
the treatment-mandated felony (the fourth total
conviction for hard drug possession), a judge would
have the option of imposing time in jail or state prison.
Along with hard drug and mental health treatment,
offenders charged with a treatment-mandated felony
would be offered shelter, job training, and other
services designed to break the cycle of addiction and
homelessness.
(b) Cracking Down on Hard Drug Dealers
(1) Fentanyl is the most dangerous drug that our
nation has ever seen. Because it is largely produced
synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly
include fentanyl in other drugs, including diet, anxiety, and sleeping pills, cocaine, and heroin. Further,
fentanyl is up to 50 times stronger than heroin.
Therefore, a very tiny amount of fentanyl can prove
deadly. One kilogram (2.2 pounds) of fentanyl provides
enough of the drug to manufacture four to ten million
doses, or enough to kill 500,000 people. Finally,
because such a small amount of fentanyl is necessary
to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.
(2) This act would authorize greater consequences for
hard drug dealers whose trafficking kills or seriously
injures a person who uses those drugs, and it would
provide a mechanism to warn convicted hard drug
dealers and manufacturers that they can be charged
with murder if they continue to traffic in hard drugs and someone dies as a result.
(3) This act would add nonprescription fentanyl to an
existing list of hard drugs, including heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.
(4) This act would also add nonprescription fentanyl to an existing list of hard drugs, including heroin, cocaine, and methamphetamine, that authorizes greater
consequences for drug dealers who sell large quantities of hard drugs.
(5) This act also permits judges to sentence drug
dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard
drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for
hardened drug dealers and to provide them the
rehabilitation services they need to safely reenter
society.
(c) Accountability for Repeat Theft and Smash and
Grab Thefts
(1) Prior to Proposition 47, individuals who repeatedly engaged in theft could be charged with a felony.
Prop. 47 eliminated this repeat offender felony and
instead provided that any theft up to $950 in value is
now a misdemeanor—regardless of how many times
the offender has committed theft. In practice, this
means that an offender who repeatedly steals up to
$950 in value faces virtually no legal consequences.
(2) The result has been an explosion in retail and cargo theft causing stores throughout California to close to
protect employees and customers from criminal activity
that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in
economic losses to our local communities and state.
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36 TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
36 This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic
losses. This retail and cargo theft explosion has collided with the fentanyl epidemic, as hard drug users have
engaged in brazen theft to support their drug habits,
knowing that there will be no consequences for either
their theft or their hard drug use.
(3) Under this act, an offender with two prior
convictions for theft can be charged with a felony,
regardless of the value of the stolen property. Diversion programs will continue to exist, meaning that judges
will retain discretion not to incarcerate an offender
even for more than two theft convictions. But
prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to
engage in theft. Judges will have the discretion to
sentence a repeat offender to jail in appropriate cases, or to state prison if an offender is convicted four or
more times of theft.
(4) This act also authorizes judges to exercise their
discretion to impose an enhanced penalty when an
offender steals, damages, or destroys property by
acting together with two or more offenders or by
causing losses of $50,000 or more. By permitting
discretion in these scenarios, judges will be able to
fashion sentences that are appropriate for the crime
committed, including so-called “smash and grabs”
committed by mobs or large groups of people working
together.
(5) The value of property stolen in multiple thefts will be permitted to be added together so that in
appropriate cases an offender may be charged with
felony theft instead of petty theft. This provision
addresses the problem of offenders who commit a
series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.
(6) Along with the hard drug provisions in this act,
these theft law changes will stop the vicious cycle of
hard drug users stealing to support their habits without legal consequences for their actions.
SEC. 4. Section 11369 is added to the Health and
Safety Code, to read:
11369. (a) This section shall be known, and may be
cited, as Alexandra’s Law.
(b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of
Section 11351, 11351.5, 11352, 11378, 11378.5,
11379, 11379.5, or 11379.6 involving a hard drug, of
the following:
“You are hereby advised that it is extremely dangerous
and deadly to human life to illicitly manufacture,
distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct.
All drugs and counterfeit pills are dangerous to human
life. These substances alone, or mixed, kill human
beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct
results in the death of a human being, you could be
charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal
Code.”
(c) The advisory statement shall be provided to the
defendant in writing, either on a plea form, if used, as an addendum to a plea form, or at sentencing, and the
fact that the advisory was given shall be specified on
the record and recorded in the abstract of the
conviction.
(d) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in
Section 11054 or 11055, including a substance
containing fentanyl, heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine, and the analogs
of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid
diethylamide (LSD), other psychedelic drugs, including
mescaline and psilocybin (mushrooms), any other
substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine,
any other substance listed in subdivision (d) of Section 11055.
SEC. 5. Section 11370.1 of the Health and Safety
Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or
11377 or any other provision of law, every person who
unlawfully possesses any amount of a substance
containing cocaine base, a substance containing
cocaine, a substance containing heroin, a substance
containing methamphetamine, a substance containing
fentanyl, a crystalline substance containing
phencyclidine, a liquid substance containing
phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine
while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(b) Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription. (c) As used in this subdivision (a), “armed with” means having available for immediate offensive or defensive
use.
(b) (d) Any person who is convicted under this section
shall be ineligible for diversion or deferred entry of
judgment under Chapter 2.5 (commencing with
Section 1000) of Title 6 of Part 2 of the Penal Code.
SEC. 6. Section 11370.4 of the Health and Safety
Code is amended to read:
11370.4. (a) (1) A person convicted of a violation of,
or of a conspiracy to violate, Section 11351, 11351.5,
or 11352 with respect to a substance containing
heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as
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TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
specified in paragraph (6) of subdivision (b) of Section 11055, when the person knew of the substance’s
nature or character as a controlled substance, shall
receive an additional state prison term as follows:
(A) If the substance exceeds one kilogram by weight,
the person shall receive an additional term of three
years.
(B) If the substance exceeds four kilograms by weight,
the person shall receive an additional term of five years. (C) If the substance exceeds 10 kilograms by weight,
the person shall receive an additional term of 10 years. (D) If the substance exceeds 20 kilograms by weight,
the person shall receive an additional term of 15 years. (E) If the substance exceeds 40 kilograms by weight,
the person shall receive an additional term of 20 years. (F) If the substance exceeds 80 kilograms by weight,
the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(b) (1) A person convicted of a violation of, or of
conspiracy to violate, Section 11378, 11378.5, 11379,
or 11379.5 with respect to a substance containing
methamphetamine, amphetamine, phencyclidine
(PCP) and its analogs shall receive an additional state prison term as follows:
(A) If the substance exceeds one kilogram by weight,
or 30 liters by liquid volume, the person shall receive an additional term of three years.
(B) If the substance exceeds four kilograms by weight,
or 100 liters by liquid volume, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight,
or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight,
or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this
subdivision, plant or vegetable material seized shall not be included.
(3) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(c) (1) A person convicted of a violation of, or of a
conspiracy to violate, Section 11351 or 11352 with
respect to a substance containing fentanyl shall receive an additional state prison term as follows:
(A) If the substance exceeds 28.35 grams (one ounce)
by weight, the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the
person shall receive an additional term of five years.
(C) If the substance exceeds 500 grams by weight, the
person shall receive an additional term of seven years. (D) If the substance exceeds one kilogram by weight,
the person shall receive an additional term of 10 years. (E) If the substance exceeds four kilograms by weight,
the person shall receive an additional term of 13 years. (F) If the substance exceeds 10 kilograms by weight,
the person shall receive an additional term of 16 years. (G) If the substance exceeds 20 kilograms by weight,
the person shall receive an additional term of 19 years. (H) If the substance exceeds 40 kilograms by weight,
the person shall receive an additional term of 22 years. (I) If the substance exceeds 80 kilograms by weight,
the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(c) (d) The additional terms provided in this section
shall not be imposed unless the allegation that the
weight of the substance containing heroin, fentanyl,
cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054, cocaine as specified
in paragraph (6) of subdivision (b) of Section 11055,
methamphetamine, amphetamine, or phencyclidine
(PCP) and its analogs exceeds the amounts provided in
this section is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
(e) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted
of an underlying violation specified in this section who admits an enhancement pursuant to this section or for
whom an enhancement pursuant to this section is
found true, is punishable by imprisonment in the state
prison and not pursuant to subdivision (h) of Section
1170 of the Penal Code.
(d) (f) The additional terms provided in this section
shall be in addition to any other punishment provided
by law.
(e) (g) Notwithstanding any other law, the court may
strike the additional punishment for the enhancements
provided in this section if the court determines that
there are circumstances in mitigation of the additional punishment and states on the record its reasons for
striking the additional punishment.
36 SEC. 7. Article 8 (commencing with Section 11395)
is added to Chapter 6 of Division 10 of the Health and
Safety Code, to read:
Article 8. Treatment-Mandated Felony
11395. (a) This article shall be known and cited as
the Treatment-Mandated Felony Act.
(b) (1) Notwithstanding any other law, and except as
provided in subdivision (d), a person described in
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TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
36 subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county
jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or
subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year
or by imprisonment in the state prison.
(2) A person shall not be sentenced to jail or prison
pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4)
of subdivision (d) applies to that person.
(c) Subdivision (b) applies to a person who has two or
more prior convictions for a felony or misdemeanor
violation of Section 11350, 11351, 11351.5, 11352,
11353, 11353.5, 11353.7, 11370.1, 11377, 11378,
11378.5, 11379, 11379.5, 11379.6, 11380, or 11395,
including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the
defendant in open court or found to be true by the trier of fact.
(d) (1) (A) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a
defendant charged with a violation of this section may
elect treatment by pleading guilty or no contest to a
violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the
pronouncement of judgment, and agreeing to
participate in, and complete, a detailed treatment
program developed by a drug addiction expert and
approved by the court. A defendant’s plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4)
for a violation of this section.
(B) Upon or subsequent to arraignment for a violation
of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse
and mental health evaluation of the defendant. The
expert shall submit a report of the evaluation to the
court and parties. The evaluation may be based on an
interview of the defendant or other individuals with
relevant knowledge and review of records the expert
deems appropriate, including medical records, criminal
history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendant’s interview nor
evidence derived from the interview may be used
against the defendant at any subsequent trial for the
instant offense except for the purposes of impeachment
should the defendant testify inconsistently. The
evaluation shall detail the defendant’s drug abuse or
mental health issues, if any, so the court and parties
may better determine appropriate handling of the
defendant’s case.
(C) Concurrent with the order for a substance abuse
and mental health evaluation of the defendant, and with the defendant’s consent, the court shall also order that a case worker or other qualified individual determine
whether the defendant is eligible to receive Medi-Cal,
Medicare, or any other relevant benefits for any
programs or evaluations under this section. If the
defendant did not previously consent to an eligibility
determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendant’s agreement to participate in and complete a
treatment program as described in this subdivision.
(2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job
training, and any other conditions related to treatment or a successful outcome for the defendant that the
court finds appropriate. The court must hold regular
hearings to review the progress of the defendant. The
court shall make referrals to programs that provide
services at no cost to the participant and have been
deemed by the court, the drug addiction expert, and the parties to be credible and effective. A defendant may
also choose to pay for a program that is approved by the court.
(3) Upon the defendant’s successful completion of the
treatment program as specified in paragraph (2), the
positive recommendation of the treatment program,
and the motion of the defendant, prosecuting attorney,
the court, or the probation department, the court shall dismiss this charge against the defendant and the
provisions of Section 1000.4 of the Penal Code, as it
read on the effective date of this section, shall apply, including the provision that the arrest upon which the
defendant was deferred shall be deemed to have never
occurred. A dismissal based on the successful
completion of treatment shall not count as a conviction for any purpose, including for determining punishment
pursuant to subdivision (b).
(4) If at any time it appears that the defendant is
performing unsatisfactorily in the program, is not
benefiting from treatment, is not amenable to
treatment, has refused treatment, or has been
convicted of a crime that was committed since starting
treatment, the prosecuting attorney, the court on its
own, or the probation department may make a motion
for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine
whether judgment should be entered and the defendant
sentenced. Judgment shall be imposed and the
defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when
the defendant has been found to have been convicted
of a crime that was committed since starting treatment, the court may rerefer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment,
and if the defendant agrees to participate in, and
complete, a treatment program as described in this
section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits
pursuant to Section 4019 of the Penal Code or any
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TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in
Section 11054 or 11055, including a substance
containing fentanyl, heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine, and the analogs
of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid
diethylamide (LSD), other psychedelic drugs, including
mescaline and psilocybin (mushrooms), any other
substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine,
any other substance listed in subdivision (d) of Section 11055.
(f) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public
safety and likelihood to return to court.
(g) This section shall not be construed to preclude
prosecution or punishment pursuant to any other law.
SEC. 8. Section 490.3 is added to the Penal Code, to
read:
490.3. Notwithstanding any other law, in any case
involving one or more acts of theft or shoplifting,
including, but not limited to, violations of Sections
459.5, 484, 488, and 490.2, the value of property or
merchandise stolen may be aggregated into a single
count or charge, with the sum of the value of all property or merchandise being the values considered in
determining the degree of theft.
SEC. 9. Section 666.1 is added to the Penal Code, to
read:
666.1. (a) (1) Notwithstanding any other law, a
person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is
convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year
or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable
by imprisonment in the county jail not exceeding one
year or by imprisonment in the state prison.
(2) This section applies to the following offenses,
including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Sections 487, 487h,
and in Chapter 5 (commencing with Section 484) of
Title 13 of Part 1.
(C) Theft from an elder or dependent adult, as
described in Section 368.
(D) The theft or unauthorized use of a vehicle, as
described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section
496.
(I) Shoplifting, as described in Section 459.5.
(J) Identity theft and mail theft, as described in Section 530.5.
(b) A person subject to charging under this section or
actually charged with this section may be referred by a prosecuting attorney’s office or by a county probation
department to a theft diversion or deferred entry of
judgment program pursuant to Section 1001.81. lf
appropriate, a person admitted to such a program may
also be referred to a substance abuse treatment
program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public
safety and likelihood to return to court.
(d) This section shall not be construed to preclude
prosecution or punishment pursuant to any other law.
SEC. 10. Section 12022 of the Penal Code is
amended to read:
12022. (a) (1) Except as provided in subdivisions (c)
and (d), a person who is armed with a firearm in the
commission of a felony or attempted felony shall be
punished by an additional and consecutive term of
imprisonment pursuant to subdivision (h) of Section
1170 for one year, unless the arming is an element of
that offense. This additional term shall apply to a
person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is
personally armed with a firearm.
(2) Except as provided in subdivision (c), and
notwithstanding subdivision (d), if the firearm is an
assault weapon, as defined in Section 30510 or 30515,
or a machinegun, as defined in Section 16880, or a .50
BMG rifle, as defined in Section 30530, the additional
and consecutive term described in this subdivision
shall be three years imprisonment pursuant to
subdivision (h) of Section 1170 whether or not the
arming is an element of the offense of which the person was convicted. The additional term provided in this
paragraph shall apply to any person who is a principal
in the commission of a felony or attempted felony if one or more of the principals is armed with an assault
weapon, machinegun, or a .50 BMG rifle, whether or
not the person is personally armed with an assault
weapon, machinegun, or a .50 BMG rifle.
36 (b) (1) A person who personally uses a deadly or
dangerous weapon in the commission of a felony or
attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state
prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been
convicted of carjacking or attempted carjacking, the
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36 additional term shall be in the state prison for one, two, or three years.
(3) When a person is found to have personally used a
deadly or dangerous weapon in the commission of a
felony or attempted felony as provided in this
subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a
nuisance and disposed of in the manner provided in
Sections 18000 and 18005.
(c) (1) Notwithstanding the enhancement set forth in
subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted
violation of Section 11351, 11351.5, 11352, 11366.5,
11366.6, 11378, 11378.5, 11379, 11379.5, or
11379.6 of the Health and Safety Code shall be
punished by an additional and consecutive term of
imprisonment in the state prison pursuant to
subdivision (h) of Section 1170 for three, four, or five years.
(2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted
of an underlying violation specified in this subdivision who admits an enhancement pursuant to this
subdivision or for whom an enhancement pursuant to
this subdivision is found true, is punishable by
imprisonment in the state prison and not pursuant to
subdivision (h) of Section 1170 of the Penal Code.
(d) Notwithstanding the enhancement set forth in
subdivision (a), a person who is not personally armed
with a firearm who, knowing that another principal is
personally armed with a firearm, is a principal in the
commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an
additional and consecutive term of imprisonment
pursuant to subdivision (h) of Section 1170 for one,
two, or three years.
(e) For purposes of imposing an enhancement under
Section 1170.1, the enhancements under this section
shall count as a single enhancement.
(f) Notwithstanding any other provision of law, the
court may strike the additional punishment for the
enhancements provided in subdivision (c) or (d) in an
unusual case where the interests of justice would best
be served, if the court specifies on the record and
enters into the minutes the circumstances indicating
that the interests of justice would best be served by
that disposition.
SEC. 11. Section 12022.6 is added to the Penal
Code, to read:
12022.6. (a) When any person takes, damages, or
destroys any property in the commission or attempted
commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition
and consecutive to the punishment prescribed for the
felony or attempted felony of which the defendant has
been convicted, as follows:
(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred
thousand dollars ($200,000), the court shall impose an
additional term of two years.
(3) If the loss or property value exceeds one million
dollars ($1,000,000), the court shall impose an
additional term of three years.
(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an
additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a
term of one year in addition to the term specified in
paragraph (4).
(b) In any accusatory pleading involving multiple
charges of taking, damage, or destruction, or multiple
violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses
to the victims or aggregate property values from all
felonies exceed the amounts specified in this section
and arise from a common scheme or plan. All pleadings
under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory
pleading and admitted by the defendant or found to be
true by the trier of fact.
(d) Notwithstanding any other law, the court may
impose an enhancement pursuant to this section and
another section on a single count, including an
enhancement pursuant to Section 12022.65.
SEC. 12. Section 12022.65 is added to the Penal
Code, to read:
12022.65. (a) Any person who acts in concert with
two or more persons to take, attempt to take, damage,
or destroy any property, in the commission or attempted commission of a felony shall be punished by an
additional and consecutive term of imprisonment of
one, two, or three years.
(b) The additional term provided in this section shall
not be imposed unless the existence of the facts
required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be
true by the trier of fact.
(c) Notwithstanding any other law, the court may
impose an enhancement pursuant to this section and
another section on a single count, including an
enhancement pursuant to Section 12022.6.
SEC. 13. Section 12022.7 of the Penal Code is
amended to read:
12022.7. (a) Any person who personally inflicts great
bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for three years.
(b) Any person who personally inflicts great bodily
injury on any person other than an accomplice in the
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commission of a felony or attempted felony which
causes the victim to become comatose due to brain
injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of
imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or
complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily
injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or
attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state
prison for five years.
(d) Any person who personally inflicts great bodily
injury on a child under the age of five years in the
commission of a felony or attempted felony shall be
punished by an additional and consecutive term of
imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily
injury under circumstances involving domestic violence
in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section
13700.
(f) (1) As used in this section, “great bodily injury”
means a significant or substantial physical injury.
(2) As used in this section, a person who sells,
furnishes, administers, or gives away a controlled
substance is deemed to have personally inflicted great
bodily injury when the person to whom the substance
was sold, furnished, administered, or given suffers a
significant or substantial physical injury from using the substance.
(g) This section shall not apply to murder or
manslaughter or a violation of Section 451 or 452.
Subdivisions (a), (b), (c), and (d) shall not apply if
infliction of great bodily injury is an element of the
offense.
(h) The court shall impose the additional terms of
imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms
for the same offense.
SEC. 14. Chapter 36 (commencing with Section
7599.200) is added to Division 7 of Title 1 of the
Government Code, to read:
CHAPTER 36. FUNDING FOR THE HOMELESSNESS,
DRUG ADDICTION, AND THEFT REDUCTION ACT
7599.200. (a) This chapter shall be known as the
Funding for the Homelessness, Drug Addiction, and
Theft Reduction Act.
(b) From moneys disbursed to the Board of State and
Community Corrections pursuant to paragraph (3) of
subdivision (a) of Section 7599.2 and Section 6046.2 of the Penal Code, the Board of State and Community
Corrections may allocate appropriate funds to counties
and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision
shall not preclude funding for this act from any other
source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 and other
funds designated for substance abuse and mental
health treatment.
(c) A defendant charged with a treatment-mandated
felony is eligible for any appropriate Medi-Cal or
Medicare programs or services, including, but not
limited to, those described in clauses (iii) to (v),
inclusive, of subparagraph (B) of paragraph (16) of
subdivision (f) of Section 30025, for the defendant’s
programs specified in Section 11395 of the Health and
Safety Code. A county or local government may contract
directly with the State Department of Health Care
Services or any other applicable state agency to provide for the provision or administration of any applicable
Medi-Cal or Medicare treatment programs.
SEC. 15. Amendments.
(a) Except as provided in subdivision (b), this act shall not be amended by the Legislature except by a statute
that furthers the purposes, intent, findings, and
declarations of the act and is passed in each house by
rollcall vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute
that becomes effective only when approved by the
voters.
(b) The Legislature may, by majority vote, amend
Section 11369 of the Health and Safety Code only to
expand the list of drugs that qualify as a “hard drug”
and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the
Health and Safety Code only to expand the list of drugs that qualify as a “hard drug” and to expand the list of applicable prior convictions, and may, by majority vote, amend Section 666.1 of the Penal Code only to expand
the list of applicable prior convictions.
SEC. 16. Severability.
If any provision of this act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and
applications of provisions shall not be affected, but
shall remain in full force and effect, and to this end the provisions of this act are severable.
SEC. 17. Conflicting Initiatives.
(a) This act creates a new drug treatment statute and
changes the penalties for career and serial thieves. In the event that this act and another initiative measure or measures relating to the same subject appear on the
same statewide ballot, the provisions of the other
measure or measures shall be deemed to be in conflict
with this measure. In the event this measure receives a greater number of affirmative votes than a measure
deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the
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36 provisions of the other measure or measures shall be conflicting ballot measure is later held invalid, this null and void. measure shall be self-executing and given full force and effect. (b) If this measure is approved by the voters but superseded by law by any other conflicting measure
approved by the voters at the same election, and the
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