HomeMy WebLinkAbout2024-050 - Resolution in Support of Proposition 36RESOLUTION NO, 2024-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA IN SUPPORT OF PROPOSITION 36: THE
HOMELESSNESS, DRUG ADDICTION, AND THEFT
REDUCTION ACT INITIATIVE
WHEREAS, the safety and security of the residents of Santa Ana is of utmost
importance to the City Council; and
WHEREAS, Proposition 36, an Initiative Statute qualified for the November 5,
2024, ballot, proposes to increase penalties for certain theft and drug -related crimes; and
WHEREAS, under current law, Proposition 47 (approved by voters in 2014)
reduced the punishments for some theft and drug crimes, changing certain felonies into
misdemeanors; and
WHEREAS, Proposition 36 will address this issue by turning some misdemeanors
back into felonies, specifically targeting repeat offenders who have two or more past
convictions for theft crimes such as shoplifting, burglary, or carjacking, thereby enhancing
public safety by deterring habitual criminal behavior; and
WHEREAS, Proposition 36 includes provisions to increase penalties for property
crimes involving multiple offenders and provides that certain sentences for drug offenses,
such as the sale of dangerous substances like fentanyl, heroin, cocaine, and
methamphetamine, be served in state prison, rather than county jail, to ensure that these
serious crimes are met with appropriate consequences; and
WHEREAS, Proposition 36 also introduces a new court process for individuals
charged with a "treatment -mandated felony" focused on treatment for individuals
convicted of drug possession crimes who have a history of drug offenses, offering them
rehabilitation and treatment options as an alternative to incarceration, thus balancing
enforcement with opportunities for recovery; and
WHEREAS, the Santa Ana City Council recognizes the need to give the courts
tools to address the rising concerns about illegal drug distribution, including a provision
within Proposition 36 that mandates a warning to individuals convicted of drug distribution
that they may face murder charges if their actions lead to a fatality in the future; and
WHEREAS, supporting Proposition
enhancing public safety and addressing the
combination of enforcement and treatment.
36 reflects the City's commitment to both
root causes of drug -related crimes through a
Resolution No. 2024-050
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The City of Santa Ana formally declares its support for Proposition
36 entitled The Homelessness, Drug Addiction, and Theft Reduction Act.
Section 2. The City of Santa Ana recognizes Prop 36 as a necessary measure
to protect the public from serious drug and theft related crimes, while also providing
pathways to rehabilitation for offenders.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 17th day of September, 2024.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:C6 -
Laura Rossini
Chief Assistant City Attorney
AYES: Councilmembers Amezcua Bacerra Penaloza Phan 4
NOES: Councilmembers Hernandez Lopez, Vazquez 3
ABSTAIN: Councilmembers None 0
ABSENT: Councilmembers None 0
Resolution No. 2024-050
Page 2 of 3
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Cleric, do hereby attest to and certify the attached Resolution
No. 2024-050 to be the original resolution adopted by the City Council of the City of Santa
Ana on September 17, 2024.
Date: CK�a
ennifer L ::n
City C
i y of Saa
Resolution No, 2024-050
Page 3of3