Sacramento Democrats Push Bill to Gut Prop 36, Advance ‘Criminals-First Agenda’

Just months after voters  approved Proposition 36 to restore felony penalties for repeat theft and drug crimes, Democrats in the Assembly passed AB 2108, a bill authored by Assemblymember LaShae Sharp-Collins (D-La Mesa) that creates a pretrial diversion program for retail theft, shoplifting, forgery, and vandalism.

Prop 36 passed with strong support in every one of California’s 58 counties in November 2024. The ballot measure restored felony penalties for repeat offenders after a decade of disaster and rising crime under Prop 47. Fed-up voters demanded accountability for smash-and-grab thefts, organized retail crime, and open drug dealing,

But a supermajority of Californians don’t matter to the Democrat supermajority in Sacramento.

AB 2108, approved by a party-line vote on Wednesday night, allows prosecutors and probation departments to steer offenders, including repeat criminals, into diversion programs. Criminals could avoid jail by completing conditions like restitution or community service, after which charges could be dismissed.

Orange County Sheriff Don Barnes warned: “AB 2108 would create a diversion program allowing people who commit property crimes, including repeat offenders, to avoid jail time. This directly undermines Proposition 36 and the clear vote by Californians to increase accountability for theft and retail crime.”

Assemblymember David Tangipa (R-Fresno) called the bill “a direct slap in the face to the supermajority of Californians who just want safe streets and real accountability.” He noted that Democrats are moving to weaken Prop 36 before it has even been properly funded.

🚨 WARNING: Criminal-First Agenda in California
In the dead of night, California Democrats rammed through AB 2108 — a bill that guts Prop 36 enforcement and puts criminals back on the streets!

Prop 36 passed in every single county in the state because Californians are fed up… pic.twitter.com/RElYQfqI6u

— David Tangipa (@DavidTangipa) May 28, 2026

California GOP lawmakers slammed the bill as the latest example of the Democrat supermajority’s soft-on-crime, “criminal-first” agenda.

Governor Newsom’s budget proposals have repeatedly included zero dedicated funding for the jail beds, drug treatment, and mental health programs Prop 36 requires. California Globe reporting has exposed how Democrats rejected Republican amendments for hundreds of millions in new resources, leaving counties on the hook while they continue pouring billions into illegal immigrant healthcare and other progressive priorities and nonprofits.

The bill heads to the Senate next. The supermajority of Californians who backed Prop 36 to restore public safety are now left wondering whether their mandate will survive Sacramento Democrats’ preference to undermine the will of the voters and the rule of law.