Senate Bill 1345, introduced by Senator Newman, seeks to amend the Safe Neighborhoods and Schools Act, also known as Proposition 47, which currently classifies possession of certain controlled substances as misdemeanors. The proposed legislation stipulates that individuals convicted or pleading guilty to two misdemeanor violations of possessing controlled substances, or one violation of each within a six-month period, may face more serious charges upon a third violation occurring in the same timeframe. This means they could be charged either as a misdemeanor or a felony, depending on the circumstances of the offense.
One significant aspect of SB 1345 is its provision allowing those charged with a felony under the new rules to remain eligible for the pretrial diversion program for drug offenses, provided they meet the criteria of the existing diversion framework. This addition is critical as it maintains access to rehabilitation options for individuals struggling with substance use, despite increasing the potential penalties for repeat violations.
The bill's introduction reflects ongoing concerns about drug-related crimes and recidivism rates in California. Proponents argue that tougher penalties for repeat offenders aim to deter continued misuse and trafficking of controlled substances, thereby enhancing public safety and reducing drug-related incidents in communities.
However, there are points of contention surrounding this legislative proposal. Critics express concern that increasing penalties for drug offenses might disproportionately affect marginalized groups and could exacerbate existing inequalities in the criminal justice system. Furthermore, opponents point out that focusing on punitive measures rather than rehabilitation could hinder progress in addressing the underlying issues of addiction. The bill is set for voter approval in a special election synchronized with the November 2018 statewide general election, emphasizing the importance of public engagement on this divisive issue.