Proposition 47 was an initiative approved by California voters in 2014 that dramatically changed penalties for various crimes. Proposition 47 essentially eliminated the felony offense of repeat theft, regardless of how many times a defendant has re-offended. The result has been an explosion in retail and cargo theft throughout California.

California voters passed Prop 36 in 2024 in response to frustrations over the impact of Prop 47 on addressing crimes.  The voter initiative primarily addressed issues related to drugs and homelessness but also included provisions that enhanced penalties for persons who repeated engage in theft and added penalty enhancements for "smash-and-grab" thefts that result in significant losses and damage or are committed by multiple thieves working together.

Under Proposition 36, a defendant with two prior theft-related convictions can be charged with a felony, regardless of the value of the stolen property. Diversion programs continue to exist, so an offender may not be incarcerated even for more than two theft convictions, if referred to such a program and it is completed successfully. But prosecutors have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. And judges have the discretion to sentence a repeat offender to probation, jail and/or prison, as appropriate. *

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