What's the difference between California's legislative public safety package and Prop 47 reform initiative?

PUBLIC SAFETY, IS NOW PLAYING OUT AT THE STATE CAPITOL, WHILE DEMOCRATIC LAWMAKERS AND THE GOVERNOR ARE TRYING TO NEGOTIATE WITH THE GROUP THAT’S TRYING TO REFORM PROPOSITION 47. YEAH. NOW, PROPOSITION 147 HAS BECOME INFAMOUS FOR LOOSENING DRUG AND THEFT PENALTIES IN CALIFORNIA. YEARS AGO, LAW ENFORCEMENT BUSINESS GROUPS AND EVEN SOME ELECTED OFFICIALS HAVE BLAMED THAT FOR THE STEEP RISE IN CRIME WE’VE SEEN ACROSS THE STATE IN ALL THESE YEARS. KCRA THREE CAPITOL CORRESPONDENT CORRESPONDENT ASHLEY ZAVALA IS LIVE AT THE STATE CAPITOL, WHERE LEGISLATIVE LEADERS JUST GAVE AN UPDATE ON THE NEGOTIATIONS GOING ON. ASH. RIGHT GOLSTON RIGHT HERE AT THE STATE CAPITOL. THOSE LEGISLATIVE LEADERS JUST SPOKE WITHIN THE LAST HOUR, DEMOCRATIC LEADERS OF THE SENATE AND ASSEMBLY BASICALLY ECHOING WHAT GOVERNOR GAVIN NEWSOM RECENTLY TOLD US, THAT THEY BASICALLY SEE NO NEED FOR VOTERS TO DECIDE ON THAT BALLOT INITIATIVE TO REFORM PROPOSITION 47. SO AS AS YOU MENTIONED, THEY’RE IN THE PROCESS OF TRYING TO NEGOTIATE WITH THE PROPONENTS OF THAT MEASURE, AND THEY’RE DOING IT WITH SOME CHANGES THAT THEY PLAN TO MAKE TO THEIR PUBLIC SAFETY PACKAGE. THE DEMOCRATIC LEADERS CONFIRMED THEY PLAN ON PUTTING IN THESE CONTROVERSIAL CLAUSES INTO THIS SET OF PROPOSED LAWS THAT WOULD BASICALLY SAY, IF VOTERS APPROVE THE PROPOSITION 47 REFORMS, THEN THEY’LL REPEAL AND BASICALLY BE WILLING TO DITCH THOSE LAWS THAT THEY HAVE SPENT ALL YEAR WORKING ON. NOW, THE BALLOT INITIATIVE AND THE LEGISLATIVE PACKAGE ARE DIFFERENT. THE LEGISLATURE HAS ITS OWN PACKAGE OF PUBLIC SAFETY RELATED BILLS THAT MOSTLY REVOLVE AROUND ORGANIZED RETAIL THEFT. THERE ARE ALSO SOME TOOLS TO MAKE IT EASIER FOR INVESTIGATORS TO CRACK DOWN ON SMASH, AND GRABS, WHILE ALSO DIRECTING THE CALIFORNIA HIGHWAY PATROL TO EXPAND AND MAKE PERMANENT ITS EFFORTS AROUND THEFT. NOW, THE BALLOT MEASURE IS DIFFERENT, ENHANCING PENALTIES ON FENTANYL AND OTHER HARD DRUG DEALERS AND MANUFACTURERS, WHILE ALSO SETTING A NEW REQUIREMENT THAT THOSE CONVICTED OF STEALING THREE TIMES UMMS FACE TIME IN PRISON. THE DEMOCRATIC LEADERS SAY THERE ARE CONFLICTS BETWEEN THE TWO, BUT WE REPEATEDLY TRIED TO ASK WHAT ARE THE CONFLICTS BETWEEN THE INITIATIVE AND THE LEGISLATIVE PACKAGE? DO YOU WORRY ABOUT THE MESSAGE YOU MIGHT BE SENDING TO VOTERS THAT WE SPENT ALL THIS TIME ON THIS PACKAGE, BUT IF WE BASICALLY DON’T GET OUR WAY AND VOTERS CHOOSE 47, THEN WE’RE GOOD. WE’RE GOOD ON THE ON THE EFFORTS TO HAVE REPORTING REQUIREMENTS FOR RETAILERS TO DEAL WITH THE LOOPHOLES IN THE LAW ON SMASH AND GRABS. I MEAN, YOU’RE JUST WILLING TO BECAUSE THOSE AREN’T IN THE BALLOT INITIATIVE. I DEEPLY WORRY ABOUT THE OPPOSITE. FIRST AND FOREMOST, I WORRY IF WE DON’T PUT AN URGENCY CLAUSE INTO THESE BILLS, WE’RE NOT DOING WHAT CALIFORNIANS WANT. I MEAN, CALIFORNIANS WANT TO BE ABLE TO SEE URGENCY IN THESE BILLS. AND THAT’S WHY WE HAVE AN URGENCY CLAUSE ON THE ISSUE ON INOPERABILITY. LOOK, HERE’S THE BOTTOM LINE. WHEN YOU HAVE A BALLOT MEASURE AND A MORE EFFECTIVE SUITE OF BILLS, 14 BY THE ASSEMBLY AND THE SENATE THAT ARE PUT INTO LAW AND POTENTIALLY CONFLICTING WITH EACH OTHER, THAT’S WHY WE NEED TO BE ABLE TO BE CRYSTAL CLEAR ABOUT THE INOPERABLE STATUS CONFLICT. THERE ARE HAPPY TO GO THROUGH THOSE WITH YOU. THERE ARE GOING TO BE SOME VERY SPECIFIC CONFLICTS THAT THE SPEAKER, MYSELF, OUR STAFFS HAVE BEEN GOING THROUGH AND HAPPY TO BE GO OFFLINE AND WE’LL TAKE A LITTLE BIT OF TIME TO BE ABLE TO GO THROUGH EACH AND EVERY BILL. WE DO THIS. AGAIN, THAT WAS A QUESTION THAT WAS REPEATED THROUGHOUT THIS PRESS CONFERENCE. WE ARE STILL WAITING TO GET SOME CLARITY ON WHAT EXACTLY THOSE CONFLICTS ARE. NOW, REPUBLICANS ARE CALLING THIS TACTIC POLITICAL GAMESMANSHIP AND POISON PILLS. WE’LL HEAR MORE FROM THEM AT 6:00. NOW, WE SHOULD NOTE THE PROPOSITION 47 REFORM BALLOT INITIATIVE HAS NOT YET OFFICIALLY QUALIFIED FOR THE BALLOT. BUT ACCORDING TO THE SECRETARY OF STATE’S NUMBERS, THE NUMBERS ARE LOOKING SOLID IN TERMS OF VERIFYING THE SIGNATURES THAT ARE ON THE PETITION TO GET THIS ON THE BALLOT, THE BALLOT NEEDS TO BE CERTIFIED BY JUNE 27TH, MEANING THAT ANY ASSOCIATIONS WOULD BASICALLY HAVE ONLY ABOUT A FEW WEEKS TO WRAP UP REPORTING LIVE HERE AT THE STATE CAPITOL ASHLEY ZAVALA KCRA THREE NEWS. YEAH, YOU WOULD THINK IF SOME OF THOSE CONFLICTS WERE THAT

A major political fight over public safety in California is heating up as Democratic leaders attempt to negotiate a measure to reform Proposition 47 off of the November ballot. Prop 47, an initiative voters passed a decade ago, has become notorious for loosening the penalties around drug and theft crimes in California and has been blamed by various law enforcement, business groups and elected leaders from both parties for the state's theft problems. In the latest development of those negotiations, Democratic leaders in the Senate and Assembly doubled down on their efforts Monday to add inoperability clauses to 14 public-safety-related bills, signaling the group is prepared to abandon efforts it has spent the year working on if voters pass the reforms to Proposition 47. Assembly Speaker Robert Rivas and Senate Pro Tempore Mike McGuire claimed on Monday that the two proposals would conflict legally, but were short on specifics. On Tuesday, legislative officials clarified that five of the 14 bills might conflict, while the rest represent ideological differences. "We added inoperability clauses to help ensure that if these bills were put into law and the ballot initiative also goes into effect, we don't have a world-class mess of conflicting policies on our hands," McGuire said. Proponents of the ballot initiative have said they do not conflict. The initiative enhances penalties for fentanyl dealers and manufacturers, while also requiring those convicted of stealing three times to spend added time in prison.When pressed by KCRA 3 Monday repeatedly about how exactly the ballot initiative and legislative package conflict, McGuire could not say. "There are going to be very specific conflicts that the Speaker and myself and our staffs have been going through, happy to go offline with you and take a little bit of time to go through those," McGuire said. Rivas provided an example with AB 1960, which would impose a sentencing enhancement for thieves that destroy property over $50,000. Rivas said the initiative has the exact same enhancement, "except it does not include an inflation adjustment which is in the bill," Rivas said. "Big picture, they don't work together, and it is our responsibility to address this now," Rivas said. As the legislative leaders deflected from specific questions about the conflicts, they emphasized their concern that if the initiative passes, it would return California to its days of mass incarceration. Republicans have referred to the amendments as "poison pills" and "political gamesmanship." "It's meant to confuse voters," said Assemblyman Tom Lackey, R-Palmdale. "That's not democracy." The initiative has not officially qualified for the ballot, but the latest data according to the Secretary of State's office shows it is likely to qualify based on the petition signatures verified so far. Below is a closer look at what the initiative does and what the public safety package tries to accomplish. The ballot initiative to reform Prop 47Proponents of the initiative call it the Homelessness, Drug Addiction and Theft Reduction Act, stating that the rising rates of the three issues in California are linked. The measure: Gives judges the option with drug sentencing to either send dealers to state prison instead of county jail when they are convicted of trafficking large quantities.Requires courts to provide a formal warning to convicted fentanyl and other hard drug dealers and manufacturers that they could face murder charges if they do it again and someone dies. This is also known as Alexandra's Law. Enhances penalties for those who deal hard drugs like fentanyl that end up killing or seriously injuring someone. An offender with two prior convictions of theft can face a felony, regardless of the value of stolen property. It also enhances the penalties for those who steal $50,000 or more. Adds new laws to address "smash and grab" thefts that result in significant loss or damage that are committed by one or multiple criminals working together. You can read the entire initiative here. The legislative public safety packageThis is a blend of bills written by both Democrats and Republicans. AB 2943 Creates a new crime, "criminal deprivation of a retail business opportunity," that can be charged as either a misdemeanor or felony with a maximum sentence of up to three years in county jail. It mainly targets organized crime rings that focus on retail theft. AB 1794 Establishes a system for retailers to report shoplifting, retail theft and grand theft. AB 3209 Allows courts to issue retail crime "restraining orders" AB 1960 Increases penalties for those who take or destroy property while in the process of committing a felony. AB 1802 Establishes Organized Retail Theft as a crime and makes permanent the California Highway Patrol's property crimes task force. AB 1972 Directs CHP's property crimes task forces to investigate increased levels of cargo theftSB 1144 Sets new requirements for third-party sellers to be certified and prohibits suspected criminals from operating through online marketplace platforms SB 1416 Adds jail time for those who steal and try to sell more than $50,000 worth of goodsSB 1242 Enhances penalties for those who start fires in order to steal SB 905 Creates a new crime for forcibly entering a vehicle with the intent to commit a theft or any felony as long as property stolen is worth more than $950 and the thief intends to sell it. This could be charged as either a misdemeanor or a felony. The other bills in the package expand access and fast-track projects around rehab, treatment, drug education, as well as increased access to fentanyl testing strips.

SACRAMENTO, Calif. —

A major political fight over public safety in California is heating up as Democratic leaders attempt to negotiate a measure to reform Proposition 47 off of the November ballot.

Prop 47, an initiative voters passed a decade ago, has become notorious for loosening the penalties around drug and theft crimes in California and has been blamed by various law enforcement, business groups and elected leaders from both parties for the state's theft problems.

In the latest development of those negotiations, Democratic leaders in the Senate and Assembly doubled down on their efforts Monday to add inoperability clauses to 14 public-safety-related bills, signaling the group is prepared to abandon efforts it has spent the year working on if voters pass the reforms to Proposition 47.

Assembly Speaker Robert Rivas and Senate Pro Tempore Mike McGuire claimed on Monday that the two proposals would conflict legally, but were short on specifics.

On Tuesday, legislative officials clarified that five of the 14 bills might conflict, while the rest represent ideological differences.

"We added inoperability clauses to help ensure that if these bills were put into law and the ballot initiative also goes into effect, we don't have a world-class mess of conflicting policies on our hands," McGuire said.

Proponents of the ballot initiative have said they do not conflict. The initiative enhances penalties for fentanyl dealers and manufacturers, while also requiring those convicted of stealing three times to spend added time in prison.

When pressed by KCRA 3 Monday repeatedly about how exactly the ballot initiative and legislative package conflict, McGuire could not say.

"There are going to be very specific conflicts that the Speaker and myself and our staffs have been going through, happy to go offline with you and take a little bit of time to go through those," McGuire said.

Rivas provided an example with AB 1960, which would impose a sentencing enhancement for thieves that destroy property over $50,000. Rivas said the initiative has the exact same enhancement, "except it does not include an inflation adjustment which is in the bill," Rivas said.

"Big picture, they don't work together, and it is our responsibility to address this now," Rivas said.

As the legislative leaders deflected from specific questions about the conflicts, they emphasized their concern that if the initiative passes, it would return California to its days of mass incarceration.

Republicans have referred to the amendments as "poison pills" and "political gamesmanship."

"It's meant to confuse voters," said Assemblyman Tom Lackey, R-Palmdale. "That's not democracy."

The initiative has not officially qualified for the ballot, but the latest data according to the Secretary of State's office shows it is likely to qualify based on the petition signatures verified so far.

Below is a closer look at what the initiative does and what the public safety package tries to accomplish.

The ballot initiative to reform Prop 47

Proponents of the initiative call it the Homelessness, Drug Addiction and Theft Reduction Act, stating that the rising rates of the three issues in California are linked.

The measure:

Gives judges the option with drug sentencing to either send dealers to state prison instead of county jail when they are convicted of trafficking large quantities.
Requires courts to provide a formal warning to convicted fentanyl and other hard drug dealers and manufacturers that they could face murder charges if they do it again and someone dies. This is also known as Alexandra's Law.
Enhances penalties for those who deal hard drugs like fentanyl that end up killing or seriously injuring someone.
An offender with two prior convictions of theft can face a felony, regardless of the value of stolen property. It also enhances the penalties for those who steal $50,000 or more.
Adds new laws to address "smash and grab" thefts that result in significant loss or damage that are committed by one or multiple criminals working together.

You can read the entire initiative here.

The legislative public safety package

This is a blend of bills written by both Democrats and Republicans.

AB 2943 Creates a new crime, "criminal deprivation of a retail business opportunity," that can be charged as either a misdemeanor or felony with a maximum sentence of up to three years in county jail. It mainly targets organized crime rings that focus on retail theft.

AB 1794 Establishes a system for retailers to report shoplifting, retail theft and grand theft.

AB 3209 Allows courts to issue retail crime "restraining orders"

AB 1960 Increases penalties for those who take or destroy property while in the process of committing a felony.

AB 1802 Establishes Organized Retail Theft as a crime and makes permanent the California Highway Patrol's property crimes task force.

AB 1972 Directs CHP's property crimes task forces to investigate increased levels of cargo theft

SB 1144 Sets new requirements for third-party sellers to be certified and prohibits suspected criminals from operating through online marketplace platforms

SB 1416 Adds jail time for those who steal and try to sell more than $50,000 worth of goods

SB 1242 Enhances penalties for those who start fires in order to steal

SB 905 Creates a new crime for forcibly entering a vehicle with the intent to commit a theft or any felony as long as property stolen is worth more than $950 and the thief intends to sell it. This could be charged as either a misdemeanor or a felony.

The other bills in the package expand access and fast-track projects around rehab, treatment, drug education, as well as increased access to fentanyl testing strips.

What's the difference between California's legislative public safety package and Prop 47 reform initiative?

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The ballot initiative to reform Prop 47

The legislative public safety package

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