2020 California Ballot Propositions

As of July 11, 2019, three statewide ballot propositions had qualified for the ballot in California for elections in 2020. Californians will decide two citizen-initiated measures, the Criminal Sentencing Initiative (1840, 17-0044, Amdt.#1) and Cash Bail Referendum (1856, 18-0009), designed to amend or repeal criminal sentencing and supervision laws passed during the second tenure of Democratic Gov. Jerry Brown (2011-2019). Voters will also consider a ballot initiative (1851, 17-0055, Amdt.#1) to amend Proposition 13, which was originally passed in 1978. The initiative seeks to amend Proposition 13 to assess taxes on commercial and industrial properties based on market value, rather than on their purchase price plus the lesser of inflation or 2 percent.

In California, citizens have the right to initiate legislation through the ballot initiative or repeal legislation through the veto referendum. Getting an initiative or referendum placed on the ballot requires a measure's proponents to complete four steps. Step 1 requires proponents of an initiative to file their proposal with the attorney general's office, which prepares the language used on petitions for the initiative. Step 2 involves the measure receiving the circulating title and summary, allowing proponents to begin collecting signatures. The secretary of state assigns the initiative with a signature filing deadline. Step 3 requires proponents to tell the secretary of state's office that at least 25 percent of the required signatures have been collected for the initiative. Step 4, the final step, is the submission of signatures for a ballot initiative or referendum.

1840. (17-0044, Amdt.#1) Restricts Parole for Non-Violent Offenders. Authorizes Felony Sentences for Certain Offenses Currently Treated Only as Misdemeanors.
Imposes restrictions on parole program for non-violent offenders who have completed the full term for their primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards and requirements governing parole decisions under this program. Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state database. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft-related crimes and the changes to the nonviolent offender release consideration process. Increased state and local court-related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders.

1856 (18-0009) Referendum to Overturn a 2018 Law that Replaced Money Bail System with a System Based on Public Safety Risk.
California’s historic overhaul of cash bail is now on hold, pending a 2020 referendum. A landmark law to abolish California’s money bail system has been put on hold until voters decide its fate in November 2020 after elections officials on Wednesday certified a statewide referendum backed by a coalition of bail industry associations. Senate Bill 10, signed by former Gov. Jerry Brown last August, was slated to go into effect this fall. It would give judges greater discretion to decide who should remain in jail ahead of trial and eliminate the payment of money as a condition of release, a practice that critics say traps defendants in cycles of debt, even if they have not been convicted of a crime. Bail groups fought the legislation since it was first proposed three years ago, saying it would result in the release of violent offenders to the streets and decimate a $2-billion national industry, including 3,200 bail agents registered in the state. A day after Brown signed the law, a national coalition of bail agency groups launched its referendum drive, raising about $3 million and collecting more than enough signatures to qualify the measure in just two months. Under the new law, only people charged with certain low-level, nonviolent misdemeanors — a list of charges that can be further narrowed by county — would be eligible for automatic release within 12 hours of being booked into jail. All others arrested would have to undergo the risk analysis, a procedure that would sort defendants based on criminal history and other criteria into low-, medium- or high-risk categories. Courts would be required to release low-level defendants without assigning bail, pending a hearing. Pretrial services offices would decide whether to hold or release medium-risk offenders. Judges would have control over high-risk offenders and all prisoners in the system.(18-0009)

1851 (17-0055, Amdt.#1) Requires Certain Commercial and Industrial Real Property to be Taxed Based on Fair-Market Value. Dedicates Portion of Any Increased Revenue to Education and Local Services.
Taxes certain commercial and industrial real property based on fair-market value—rather than, under current law, the purchase price with limited inflation. Exempts agricultural property and certain small businesses. Dedicates portion of any increased revenue to local services and to supplement, not replace, state’s minimum-funding guarantee to schools. Provides tax exemption for $500,000 worth of tangible personal property used for business and all personal property used for certain small businesses.
CalChamber Position: Oppose