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Currently under Prop 47, if someone steals less than $950 in merchandise, in most cases they will be charged with a misdemeanor. It’s a leniency compared to many other jurisdictions that some argue has led to skyrocketing theft in recent years. From 2019 to 2022, San Francisco saw an increase in shoplifting by 24%, according to the Public Policy Institute of California, which used data from the state’s Department of Justice to examine the problem.

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Under the new proposal, “an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property.” It would also allow prosecutors to add together the value of property stolen across multiple thefts to exceed the $950 threshold for a felony charge, and create harsher punishments for organized retail theft rings.

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“The Homeless, Drug Addiction, Retail Theft Reduction Act is a balanced community safety approach with effective tools to allow judges to use their discretion to hold individuals accountable for repeated retail theft offenses,” Walmart said in a statement. “We believe these tools are what is needed to help communities enforce the law and improve safety for all.”

“Walgreens has taken a number of steps to address safety in our stores,” the company said. “Walgreens also supports the various external efforts of policymakers and advocacy groups, including proposed ballot measures, legislation and funding that will help foster a safer environment in the communities we serve.”

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But on a broad scale, the numbers don’t necessarily support retailers’ outcry on this issue. The National Retail Federation, a lobbying organization that represents big retailers, reported that shrink – losses due to external and internal theft, damaged products, inventory mismanagement and other errors — has remained about the same, between 1 and 1.5% of sales, since 2016. Target on Tuesday reportedshrink declinedin the fourth quarter.

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In 2022, Marlene Harden’s teen daughter was killed by fentanyl poisoning. Harden said 18-year-old Chloe got what she thought was a Percocet from a dealer on Snapchat. But the pill was laced with fentanyl.

Harden believes lax California criminal policies contributed to her daughter’s death and now she is speaking out in hopes of changing them.

“Nothing is being done. They’re coming into the court through the court system getting a slap on the wrist and getting sent home. We want change and we want to help hold these drug dealers accountable for the murder that they’re selling our children,” said Harden.

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It would also “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,” and, “reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user,” according to the Act.

In addition to harsher punishments for repeat offenders, the proposal would “create a new class of crime called a treatment-mandated felony.” Offenders could serve jail time for repeated hard drug related offenses if they refuse to participate in drug and mental health treatment.

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“When I was incarcerated, I saw a lot of people coming in and out and more often than not, they’re coming in and out because of mental health issues and poverty. And all of these issues we don’t necessarily want to address. It’s easier to say this is a criminal problem.”

“Stringency of penalties is not going to be the way we get ourselves out of this,” she said. “What works better for accountability is not the severity of the sentence, it’s the likelihood of getting caught.”

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Dozens of Republican and non-partisan lawmakers across the state, in addition to numerous District Attorneys, have signed on in support.

“This initiative is a balanced approach, that will fix [Prop] 47, that will reduce crime, that will help people that are on the street actually go through a rehabilitation program, that will actually allow them to get back on their feet,” said Republican Mayor Richard Bailey of Coronado, a city in San Diego County. “And that’s why you’re seeing so many mayors from across the political spectrum with very diverse backgrounds coming out in support of this initiative.”

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It comes as she faces a tough re-election campaign – and a city full of voters frustrated with crime and blight. A recent San Francisco Chronicle poll found that just 28% of likely voters approve of Breed’s performance, even though crime in San Francisco is down in recent years.

Police data shows that larceny theft, which includes retail theft and car break-ins, is down 37% from this time last year. “[Residents] want us to hold people, especially people who are violent criminals, accountable. They want to make sure that their communities aren’t destroyed by just what’s happening around the violence related to some of the crimes or fentanyl or anything of that nature,” Breed said.

On Tuesday, San Francisco voters approved two ballot measures spearheaded by Breed. Prop E allows SFPD to deploy new technologies, including surveillance cameras and drones, and, loosens restrictions around vehicle chases. Prop F allows the city to require welfare recipients to undergo drug screenings, and to withhold public funds from those who decline treatment.

Violent crime in San Francisco is down in recent years. But some crimes like robbery are up more than 20% since 2021, according to police data. “[Residents] want us to hold people, especially people who are violent criminals, accountable. They want to make sure that their communities aren’t destroyed by just what’s happening around the violence related to some of the crimes or fentanyl or anything of that nature.”

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“I don’t think it’s fair to say that liberal policies don’t work. We’re not abandoning San Francisco values of second chances and compassion and support and help those things will continue in addition to the accountability piece,” Breed responded.

California Governor Gavin Newsom recently criticized calls to change Prop 47 when he argued, “…the nature of retail theft has changed… it has become deeply organized and that’s what we need to go after.”

He also reminded reportersthat California’s $950 threshold for prosecuting retail theft as a felony is one of the toughest in the nation. Some red states like Texas and South Carolina require theft of at least $2,500 and $2,000 worth of items, respectively, to charge someone with a felony.

Last September, the state announced it would besending $267 million to law enforcement agenciesthroughout the state to tackle organized retail theft.

In January, Newsom also called upon the state legislature to allow law enforcement to combine the value of multiple thefts to exceed the $950 threshold – just like the change called for in The Homelessness, Drug Addiction and Theft Reduction Act.

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