Hi Seal Beach,
With the passage of Proposition 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” on November 5, 2024, we’re addressing an evolving approach to certain narcotic- and theft-related offenses. Voters approved this initiative with a strong focus on combating serious drug and theft issues, highlighting the community’s commitment to safer, healthier neighborhoods. Here’s what this means for Seal Beach and what the Seal Beach Police Department (SBPD) will do to address these updates and local crime trends.
Overview of Proposition 36: Proposition 36 introduces new classifications for specific drug and theft crimes:
1. Drug-Related Offenses:
H&S § 11395: This new classification addresses repeat offenders of “hard drug” possession, such as fentanyl or heroin, for those with two or more prior convictions. This offense is now considered a “wobbler,” meaning it can be charged as a felony or misdemeanor, depending on the case.
Enhanced Penalties for Trafficking: The law imposes harsher penalties for trafficking high quantities of fentanyl and mandates stricter sentencing for trafficking while armed. Courts will issue a Watson-style advisement, warning convicted dealers about the potential for murder charges if their trafficking results in death.
2. Theft-Related Offenses:
P.C. § 666.1: Repeat offenders of petty theft or shoplifting, with two prior theft convictions, will also face “wobbler” charges, heightening the consequences.
Aggregation of Stolen Property Value: Multiple thefts can now be combined to meet felony thresholds, allowing prosecutors to treat recurring low-level theft as more serious.
These changes, set to take effect after certification in December, allow judges to assess offenders’ risk to public safety before potential release, enabling a more tailored judicial approach to habitual offenders.
As Proposition 36’s changes take effect, the Seal Beach Police Department’s focus is on enforcing the law equitably and with compassion while holding accountable those who repeatedly victimize our community. By addressing offenders who impact the quality of life in Seal Beach, our goal is to ensure a balanced approach that prioritizes both public safety and respect for individual circumstances. For habitual offenders of theft and drug-related crimes, our team is prepared to thoroughly review criminal histories to apply the appropriate charges, allowing us to better address patterns of behavior that impact the community.
In tackling the drug epidemic, particularly the severe risks posed by fentanyl, SBPD is working closely with the Orange County Health Care Agency (OCHCA) to ensure our response is both preventive and proactive. The addition of fentanyl-specific penalties under Proposition 36 emphasizes the need for heightened vigilance in narcotics enforcement. Our partnership with OCHCA strengthens our capability to address this crisis through shared resources, public health initiatives, and awareness campaigns aimed at preventing overdoses.
We are dedicated to putting these new laws into action with care and consideration, always keeping the safety of our community at the forefront. We’re here to support those who need help while holding individuals accountable when necessary. Our goal is to strike a balance between firm enforcement and nurturing a welcoming, safe environment for everyone in Seal Beach.
Keep your questions coming, Seal Beach! Email us at askacop@sealbeachca.gov today!
