Handcuffs and Wooden Gavel.(Photo: Proxima Studio/Shuttertock)
Is Gov. Newsom Ignoring Fallout from Prop. 47 or Misled by his Staff?
The criminal justice system in California is seriously damaged, but it’s not broken
By Mike Moulton, February 14, 2024 2:32 pm
By now, many people have seen the viral video of Governor Gavin Newsom recounting a story of witnessing a theft inside a Target store. As he told the story, he revealed that he expressed bewilderment to the cashier of why nothing was being done about this blatant disregard for the law. In the story, Newsom quoted the cashier, saying it was the “Governor’s fault” and there was no “accountability” for retail theft.
Our Governor, very earnestly, goes on to make an impressive and steadfast claim that California has the “tenth toughest” threshold for felony theft in the country. Does he believe that the current laws in the state of California are sufficient to address the current retail theft crisis? For a moment, I gave him the benefit of the doubt that if he truly does believe this, maybe he is being misled by those with who he has surrounded himself.
As a police chief, my expertise is narrowly focused in the fields of public safety, law enforcement, and the legislation that affects it all. A governor is expected to know everything, which is simply not possible, and is why they encircle themselves with experts to help them develop policy. I would expect Governor Newsom to have on his staff, an expert in public safety, and more specifically, law enforcement and policing. If he does, and this person is telling the Governor that our current approach in California to retail theft is sufficient, that person is either misinformed and not an expert in this field, or worse, and exponentially more dangerous, is deliberately lying to Governor Newsom.
The criminal justice system in California is seriously damaged, but it’s not broken. It’s sick and needs healing, but it’s not dead. Specifically with theft, the biggest changes came in 2014 through the passage of Proposition 47. This ballot measure, with the misleading title of the “Safe Neighborhoods and Schools Act,” passed by nearly 60 percent. I’ve been in law enforcement for over 28 years, Proposition 47 had nothing to do with safe neighborhoods and schools. In fact, it has quite obviously made them less safe in most circumstances. The voters were lied to, through the use of fraudulent language, which happens far too often.
Proposition 47 fundamentally changed the criminal justice system in California when it comes to serial theft and drug possession. The measure changed the threshold of felony theft from $400 to $950, but even more importantly, it eliminated the offense of “petty theft with a prior.” Before Proposition 47, a second petty theft conviction could be prosecuted as a felony crime, holding criminals accountable, especially serial criminals. This no longer applies.
When Governor Newsom touted that California had a “tough” threshold for felony theft, he was missing the point, or being misled on that point. The threshold is nearly irrelevant because of how petty theft crime is dealt with in the state of California. As the laws are being applied in the state of California, there is no consequence for petty theft. Often, we see the same people committing the same crime day after day with virtually no consequences. When there are no deterrents and no consequences, law enforcement’s hands are tied.
A current push for a new ballot measure to turnaround the disastrous effects from Proposition 47 is underway. The “Homelessness, Drug Addiction, Retail Theft Reduction Act” is supported by law enforcement, public safety leaders, business owners, and retailers throughout California. If you want to reduce retail theft and add consequences for repeated violations of the law, I invite you to consider signing a petition to place this measure on an upcoming ballot. You can learn more about this measure at casafecommunities.com.
I plead to the Governor once more – if he is being told by his staff, by his “experts,” that current California laws are sufficient, those “experts” are grossly misinformed. There are many law enforcement leaders including police chiefs, county sheriffs, and district attorneys who would be more than happy to meet with him to brief him on the reality of the situation.
Chief Moulton served with the Department’s Special Weapons and Tactics (SWAT) team for 15 years. During his career he has been awarded five Meritorious Unit Citations and the Medal of Valor.
- Is Gov. Newsom Ignoring Fallout from Prop. 47 or Misled by his Staff? - February 14, 2024
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Newsom is willfully ignoring the fallout from Proposition 47. As Katy Grimes pointed out in one of her columns: “Despite overwhelming evidence of rampant crime throughout the state, Gov. Gavin Newsom has continually praised Proposition 47, Proposition 57 and AB 109, claiming they had helped reduce crime in the state, rather than doubling down on the source of these crimes. Of course they “reduced” crime in the state – the criminals can’t get arrested any longer for these supposed “non-violent” crimes.”
Thank you to Chief Mike Moulton for taking the time to write about his perspective on the disastrous outcome of a very devious, deceitful Prop 47.
I wouldn’t be surprised if first thing every day, GN rolls over and opens his eyes directly from bed toward a mirror and says, “Good morning.”
Thank you for posting this article, Chief Moulton !
It is very helpful to hear the perspective of law enforcement.
I remember that AB 109 followed closely on the heels of props 47 and 57.
AB 109 shifted prisoners to local jails and combined the probation and parole departments
into one. I think this also changed the judicial process for re-offenders that are on probation or parole.
Instead of a new trial , repeat offenders with no new charges would just pop into the local jail for a week or two. Lots of corners were cut and many career criminals fell through the cracks, to the detriment of regular
citizens.
Bottom line-
Defunding the police = willful stupidity , pro-criminal , likely money grab for ‘selected ‘ officials
instead let’s
Defund Politics !
Neuter Newsom !
Like proposition 19 that will force many agriculture parcels into development for higher taxes, prop 47 also had a very misleading voter summary. This voter summary is something that needs a lot more attention with those who gathered the signatures having a right to equal number of words in the summary as many don’t read the entire measure.
There is certainly so much truth in this article and my compliments to Chief Moulton for speaking up. But to add insult to injury, the retail businesses who are leaving town because of rampant theft and crime are affecting the economic base that sustains residents, families that spend money locally, and the heartbeat of the community. Newsom needs to ask each and every retail business WHY they are shuttering their doors.
I follow this stuff reasonably close, and I previously worked in law enforcement. Why is this the first time I am hearing “… it eliminated the offense of “petty theft with a prior.”” While the $950 is bad, this may be the most significant part. Combine this with DA/Prosecutors who are now acting as public defenders (Price in Alameda County), and your have a major problem. I also balme our failing press corps for not identifying some of this.
Until I see an undoctored security video of the exchange Newsom claims to have been involved with,
I don’t believe his story at all. Shopping in Target! What a nice folksy, regular guy thing to do for His Imperial Majesty! Was that before or just after dining again at the French Laundry?
Thank you. It seems asthough many non elected government officials have weaponized our DOJ against the people. Big mistake.
UNBLIEVABLE
Thank you to Chief Moulton
As SENIOR in CALIFORNIA SCARY to go SHOPPING OR OUT AT ALL! MY RENT OVER $2100 MONTH ELECTRIC BILLS!. 3 YEARS AGO $1680.
CRIME SHOP LIFTERS INFLATION! I WOULD MOVE TO IDAHO TEXAS OR FLORIDA !
I CANT AFFORD TO DO ANYTHING NOW
I think Democrats in California actually ARE lessening crime. Defining deviancy down and/or doing away with laws makes crime disappear. Why not legislate all punishments for theft into non-existence? California would then have the lowest rate of shoplifting in the nation! Now why hasn’t someone thought of doing that? Oh, wait…
I’m calling BS.
Maybe Newsom doesn’t watch television, but others around him do. How can he be the only person out of 30 million that has not seen videos of looting., or innocent seniors getting sucker punched.
I am willing to believe may not know the price of a hamburger at McDonalds, but there is no way he can be so insulated from the 24/7 loot, assault, murder a minute news we all endure in California.
If he truly does not know, and is that out of touch, he should resign.
“That which is rewarded, will be repeated.” This state has turned into a dirtbag magnet, Oh, and hey, with an open border here comes some more!