Making Crime in California Illegal Again: Bill to Undermine Prop 36 Blocked Permanently in Senate Appropriations

California voters overwhelmingly approved Proposition 36 in 2024 to restore felony penalties for repeat theft and drug crimes in November 2024. Prop 36 passed by 68%, and passed in every one of California’s 58 counties.

Within months of passage of Prop 36, Democrats in the Assembly passed AB 2108, a bill authored by Assemblywoman LaShae Sharp-Collins (D-La Mesa) that creates a pretrial diversion program for retail theft, shoplifting, forgery, and vandalism, allowing the offender’s record to be wiped after completion, undermining Prop 36.

Prop 36 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.

“It has become very clear that the Democrat supermajority in the California Legislature care more about themselves and their wicked funders than the people of California, since with passage of AB 2108, they would increase crime, drugs, and homelessness back to pre-Prop 36 levels,” the Globe noted in July.

Because, successful diversion produces no conviction, so it does not create the prior convictions that trigger Prop 36’s felony treatment for subsequent thefts. This reopens a pathway for repeat offenders to avoid escalating accountability.

AB 2108 passed the Assembly 41–22 in May along partisan lines, passed the Senate Public Safety, and was heard in Senate Appropriations Thursday.

Be still my beating heart… the Senate Appropriations Committee held AB 2108 in suspense file Thursday, permanently.

“This outrageous bill, which would have destroyed Prop 36 supported by 70% of voters, is completely dead now!” said the California Coalition against Drugs (CCAD).

It is rare that the Globe gets to report good news.

“If approved, AB2108 would have allowed criminals to keep stealing without record and thus destroys Prop 36 against the will of Californians, rendering retailers impossible to operate and Californians hard to live here safely.  AB2108 is a slap on the face of California voters and our democracy!  It is really vital that we thwart it at Senate Appropriations to protect Prop 36 and keep California safe.  We appreciate the cooperation and contribution of everybody in this key battle against crime,” said Frank Lee, V.P. of California Coalition against Drugs.

“Top leaders of California law enforcement have fought assiduously together in this pivotal battle,” CCAD said in a press statement. “Our 7/28 statewide press conference featuring these very top leaders made headline news everywhere in the state.  The media understand our viewpoints and their reports basically help our cause. We are grateful to the journalists who have contributed.” 

“Our phone blitz of 7/29 and 7/30 led to many hundreds of phone calls to Senate Appropriations Committee members and key Senate Dem leaders, creating a considerable impact.  

“Importantly, our lobbying actions were fruitful in that Senate Majority Leader, Senator Ashby, and most of the Senate Appropriations Senators are with us.  They are sagacious in putting this baneful bill in suspense permanently.    

“Now we must continue to demand adequate funding for Prop 36.  Without adequate fund, the drug rehab part of Prop 36 cannot be implemented properly, even though the deterrence created by the potential felony charge related to theft has already been very effective.”

As the Globe explained, the bill would require evaluation for a broad set of theft-related charges and emphasizes documentation of eligibility. District Attorneys describe it as creating sweeping or near-mandatory diversion that reduces prosecutorial and judicial discretion in practice, especially compared to existing discretionary programs. They note that excluding only those already charged under § 666.1 leaves charging decisions as a potential workaround.

AB 2108 was sponsored by one of the co-authors of Proposition 47, Lenore Anderson, the founder and President of Alliance for Safety and Justice, the sister nonprofit of Tides Foundation and Tides Center, which receives extensive funding from prominent left-wing groups, including George Soros’s Foundation to Promote Open Society.

The California Coalition against Drugs asks fellow Californians “to continue to be alert since the extremists will likely keep creating unacceptable and even illogical bills as this for the criminals and hurt our state.  More crimes will lead to more drugs and more homelessness.”