HomeMy WebLinkAboutRes 2024-068RESOLUTION NO. 2024-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, SUPPORTING PROPOSITION 36, WHICH
MODIFIES EXISTING LAW RELATED TO PUNISHMENT FOR THEFT
AND DRUG CRIMES BY CREATING INCENTIVES FOR ADDICTION
TREATMENT, TREATING FENTANYL LIKE OTHER DANGEROUS
DRUGS, AND DISCOURAGING RETAIL THEFT
WHEREAS, Proposition 47, approved by California voters in 2014, reduced the
penalties for certain theft and drug crimes, classifying them as misdemeanors, which led
to a decrease in the severity of punishments for these offenses; and
WHEREAS, Proposition 36 seeks to reverse some of the changes made by
Proposition 47 by reclassifying certain theft and drug crimes as felonies, particularly in
cases involving repeated offenses or the sale of highly dangerous drugs like fentanyl,
heroin, cocaine, or methamphetamine; and
WHEREAS, Proposition 36 creates a new court process for some drug possession
crimes, introducing the concept of a “treatment-mandated felony,” where individuals with
multiple prior convictions for drug-related offenses may receive treatment options instead
of incarceration, with the possibility of charges being dismissed upon successful
completion of treatment; and
WHEREAS, the proposed legislation would increase the p unishment for theft
crimes involving organized groups or individuals with prior convictions, thereby aiming to
address the growing issue of retail theft, which has negatively impacted businesses
across the state, including those in our own community; and
WHEREAS, Proposition 36 includes provisions to treat fentanyl as a highly
dangerous drug, similar to heroin or cocaine, and mandates that courts warn individuals
convicted of dealing in such drugs that they could face murder charges if someone dies
as a result of their actions, thereby potentially reducing the risk of fatal drug overdoses in
our community; and
WHEREAS, the City of Palm Desert strives to protect the safety, health, and
property of its residents and businesses, and the passage of Proposition 36 aligns with
these goals by strengthening the penalties for dangerous criminal activities while
providing opportunities for rehabilitation through treatment; and
WHEREAS, the Legislative Analyst’s Office projects that Proposition 36 may
increase state and local criminal justice costs, primarily due to an expected rise in prison
populations and the workload for local courts and public defenders, but acknowledges
that these costs could be offset by the potential reduction in crime rates as a result of the
proposition's stricter penalties and treatment options; and
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Resolution No. 2024-068 Page 2
WHEREAS, endorsing Proposition 36 supports the City's broader commitment to
ensuring public safety, addressing substance abuse, and promoting justice within the
community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, that the City officially endorses Proposition 36 and encourages its
passage in the upcoming statewide election on November 5, 2024.
ADOPTED ON SEPTEMBER 12, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-068 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on September 12, 2024, by
the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
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9/16/2024