By Dean Maddox, Public Safety & Crime Reporter

Last night, California Democrats passed Assembly Bill 2108, creating a new diversion program for retail theft and other property crimes that critics say significantly weakens Proposition 36 and allows criminals to escape acountability.

Proposition 36 passed overwhelmingly in every county in California in November 2024. Voters supported the measure to restore tougher penalties for repeat theft and fentanyl-related crimes after years of smash-and-grab thefts and repeat offenders under previous Prop 47 policies.

If signed into law, AB 2108 would require prosecutors and county probation departments to screen shoplifting, vandalism, forgery, and similar misdemeanors for diversion programs rather than traditional prosecution, including cases involving repeat offenders. Successful completion of such programs would result in dismissed charges and cleared records.

Law enforcement officials and public safety advocates are raising strong concerns. Orange County Sheriff Don Barnes called the bill a direct challenge to Prop 36.

“This directly undermines Proposition 36 and the clear vote by Californians to increase accountability for theft and retail crime,” Sheriff Barnes stated. “It allows people who commit property crimes, including repeat offenders, to avoid jail time.”

Critics argue the bill represents a return to the soft-on-crime approach that previously led to widespread retail theft issues and forced many stores to lock everyday items behind security shields. Supporters of Prop 36 say the measure was meant to deliver real consequences and deter repeat criminal behavior.

The bill now moves to the Senate, where Democrats hold the majority. If passed and signed by Governor Newsom, it could reshape how property crimes are handled across the state. If concerns stated by public safety advocates prove correct, the measure could reverse recent progress in reducing crime.

Proposition 36 passed with strong support across California, reflecting widespread voter concern over retail theft and repeat property crime.