San Bernardino County DA outlines how Proposition 36 changes theft and drug prosecutions

Douglas Klosin, supervising deputy district attorney for the Morongo Basin, told the Twentynine Palms City Council on Feb. 11 that Proposition 36 — a voter-approved change to California law — expands prosecutors' ability to charge repeat or organized petty thieves with felony theft and increases penalties for certain fentanyl offenses.

Klosin said Proposition 36 allows prosecutors to aggregate multiple petty-theft incidents by the same actor across stores and counties so that the total value can reach the grand-theft threshold. “Now we can add them up,” Klosin said, explaining that multiple small shoplifting incidents that individually fell below the $950 grand-theft threshold can be combined in reports and charged together.

Why it matters: Klosin said the change targets serial shoplifting and coordinated "smash-and-grab" tactics that previously produced only misdemeanor counts, and he urged local businesses and residents to report thefts and provide dollar-value estimates and any video evidence so deputies can document incidents for prosecution.

Key provisions Klosin described

- Aggregation of petty thefts: Officers may include several petty-theft incidents by the same…