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Senate panel outlines how Proposition 36 alters drug and theft laws, creates court‑ordered treatment felony
Summary
Senior counsel and legal staff told a joint Senate hearing that Proposition 36 creates a new treatment‑mandated felony for repeat drug possession, lowers thresholds and adds enhancements for fentanyl and other drug sales, and expands the circumstances under which low‑value theft can be charged as a felony.
The California Senate Public Safety Committee and Budget Subcommittee No. 5 heard a legal overview of Proposition 36 on the measure’s changes to criminal law and how courts must implement the new provisions.
Rick Owens, senior staff counsel for the Committee on Revision of the Penal Code, summarized the measure’s main legal changes: “The changes that Prop 36 made can be grouped into three general categories. One, created a new treatment mandated felony offense for repeat drug possession. Two, it increased penalties and expanded sentencing enhancements for drug sale offenses, particularly those related to fentanyl. And three, it increased punishment for certain thefts.”
The treatment‑mandated felony applies when someone arrested for possession has “two or more prior convictions for drug offenses, regardless…
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