As Vice President Kamala Harris does her best to appease moderate Republicans while maintaining the support of her most fervent progressive followers, the tricky issue of Proposition 47 – a piece of 2014 legislation that reclassified a number of felonies as misdemeanors – could prove to be her undoing.
Proposition 47, a controversial piece of legislation that established the well-known $950 value loophole for theft in California, is now on the chopping block.
Both Republicans and Democrats in the state are looking to amend the legislation, which was backed by Harris during her time serving as the state’s Attorney General. Critics say that Harris’ support for the bill was “critical" for getting it passed – and now, she won’t say whether she supports its reform.
What Is Proposition 47?
Proposition passed on November 4, 2014, with the support of California voters. The aim of the legislation was to reduce incarceration rates and to provide lenience for those who committed non-violent offenses. The law changed some theft and drug possession offenses from felonies to misdemeanors, unless those committing the offenses had certain prior convictions.
The legislation also allowed those serving sentences for relevant offenses to petition for resentencing, and it also allowed defendants who had completed sentences for qualifying felonies to apply for their records to reflect the change.
The legislation was widely supported by the most progressive sections of the Democratic Party, and academics even praised the effect it had on lessening “racial disparities in drug arrests.”
In 2018, a study out of UC San Francisco quantified the effects the legislation had, noting that felony drug arrests dropped by nearly 75% in California. According to the study, in the month after the legislation was adopted, the difference between the number of arrests of Black and White offenders for felony drug offenses dropped from 81 per 100,000 to 44 per 100,000.
It was a cause for celebration for the Democrats, but for those concerned about crime, it revealed a fundamental flaw in California’s leadership: reducing the seriousness of offenses doesn’t reduce the number of offenses actually committed.
With this in mind, voters will now need to decide whether Harris’ support for the measure disqualifies her from being the next president of the United States or if her support discredits her efforts to position herself as a “law and order” candidate.
Proposed Changes
A ballot initiative launched in 2023, titled the Homelessness, Drug Addiction, and Theft Reduction Act – or Proposition 36 – is gaining traction among both Democratic and Republican legislators in California. The proposed legislation, which would amend Proposition 47, even has the support of San Jose Mayor Matt Mahan and San Francisco Mayor London Breed, along with various district attorneys from across the state.
The legislation proposed that fentanyl would be added to a list of hard drugs, which already includes methamphetamine, cocaine, and heroin, that are illegal for an individual to possess with a gun. The legislation would also require more serious sentencing for those who are found with deadly quantities of the controlled substance.
Those found guilty of trafficking the drug and causing serious injury or death as a result would also face potential murder charges.
As the proposed legislation gains support, Harris has stayed quiet.
Will She Shift Right?
Harris’ recent announcement that Minnesota Governor Tim Walz would join her campaign as her running mate shows that her campaign is looking to toe the line between progressive radicalism and appealing to white, working-class men in the Midwest – the kind of voter that normally leans to the right.
Walz is one of the most progressive governors in the country, but his image, economics, and even just his style of speaking set him apart from the "Squad-esque" progressives who already have Harris’ back. Between Proposition 47 and Walz’s own radicalism, Team Harris have an uphill battle to win over Republicans looking for a candidate who will be truly tough on crime.
Proposition 47, a controversial piece of legislation that established the well-known $950 value loophole for theft in California, is now on the chopping block.
Both Republicans and Democrats in the state are looking to amend the legislation, which was backed by Harris during her time serving as the state’s Attorney General. Critics say that Harris’ support for the bill was “critical" for getting it passed – and now, she won’t say whether she supports its reform.
What Is Proposition 47?
Proposition passed on November 4, 2014, with the support of California voters. The aim of the legislation was to reduce incarceration rates and to provide lenience for those who committed non-violent offenses. The law changed some theft and drug possession offenses from felonies to misdemeanors, unless those committing the offenses had certain prior convictions.
The legislation also allowed those serving sentences for relevant offenses to petition for resentencing, and it also allowed defendants who had completed sentences for qualifying felonies to apply for their records to reflect the change.
The legislation was widely supported by the most progressive sections of the Democratic Party, and academics even praised the effect it had on lessening “racial disparities in drug arrests.”
In 2018, a study out of UC San Francisco quantified the effects the legislation had, noting that felony drug arrests dropped by nearly 75% in California. According to the study, in the month after the legislation was adopted, the difference between the number of arrests of Black and White offenders for felony drug offenses dropped from 81 per 100,000 to 44 per 100,000.
It was a cause for celebration for the Democrats, but for those concerned about crime, it revealed a fundamental flaw in California’s leadership: reducing the seriousness of offenses doesn’t reduce the number of offenses actually committed.
With this in mind, voters will now need to decide whether Harris’ support for the measure disqualifies her from being the next president of the United States or if her support discredits her efforts to position herself as a “law and order” candidate.
Proposed Changes
A ballot initiative launched in 2023, titled the Homelessness, Drug Addiction, and Theft Reduction Act – or Proposition 36 – is gaining traction among both Democratic and Republican legislators in California. The proposed legislation, which would amend Proposition 47, even has the support of San Jose Mayor Matt Mahan and San Francisco Mayor London Breed, along with various district attorneys from across the state.
The legislation proposed that fentanyl would be added to a list of hard drugs, which already includes methamphetamine, cocaine, and heroin, that are illegal for an individual to possess with a gun. The legislation would also require more serious sentencing for those who are found with deadly quantities of the controlled substance.
Those found guilty of trafficking the drug and causing serious injury or death as a result would also face potential murder charges.
As the proposed legislation gains support, Harris has stayed quiet.
Will She Shift Right?
Harris’ recent announcement that Minnesota Governor Tim Walz would join her campaign as her running mate shows that her campaign is looking to toe the line between progressive radicalism and appealing to white, working-class men in the Midwest – the kind of voter that normally leans to the right.
Walz is one of the most progressive governors in the country, but his image, economics, and even just his style of speaking set him apart from the "Squad-esque" progressives who already have Harris’ back. Between Proposition 47 and Walz’s own radicalism, Team Harris have an uphill battle to win over Republicans looking for a candidate who will be truly tough on crime.
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