Contra Costa Herald

News Of By and For The People of Contra Costa County, California

13 arrested during Internet Crimes Against Children operation

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Photos source: Walnut Creek PD

Multi-agency effort

By Walnut Creek Police Department

Walnut Creek PD recently hosted an extensive and successful Internet Crimes Against Children (ICAC) operation, partnering with numerous local and federal agencies to safeguard children in our communities. This collaborative effort resulted in 13 arrests, showcasing the strength of teamwork and technology in the fight against child exploitation.

We’re proud to work alongside our law enforcement partners to make a difference. Swipe through for a behind-the-scenes look at the operation and its results.

Photos source: Walnut Creek PD

More information regarding specific individuals and their pending charges will be made available to the public once the cases have been reviewed by the CCCDA’s Office.

Participating agencies included Contra Costa District Attorney, Contra Costa Sheriff’s Department, and Brentwood, Concord, Danville, Moraga, Oakley, Pleasant Hill, Novato, San Jose and San Francisco Police Departments.

Together, we stand united in protecting our most vulnerable.

Domestic disturbance in Concord leads to arrest for illegal gun of man who fled scene

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Photos source: Concord PD

With assistance by U.S. Marshals Fugitive Task Force

By Concord Police Department

On December 9, 2024, Concord Police responded to a domestic disturbance where a domestic violence incident was confirmed. During a protective sweep of the residence, officers discovered a loaded, illegally modified short-barrel rifle with a high-capacity magazine.

The suspect, who had prior felony convictions, fled the scene. Detectives secured a warrant and worked with federal agencies to track him down. With help from the U.S. Marshals Fugitive Task Force, the suspect was located in another city and taken into custody without incident.

Concord Police remain dedicated to ensuring community safety and working with the Contra Costa District Attorney’s Office and partner agencies to seek justice for victims.

New Year rings in toll increase at 7 Bay Area bridges

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Bay Bridge Toll Plaza. Photo by Noah-Berger. Source: MTC website.

Last of three voter-approved increases takes effect Jan. 1st; failed in Contra Costa County

BATA board also voted last week to increase tolls to $11.50 by 2030 for bridge maintenance and repairs

By John Goodwin, Assistant Director of Communications & Rebecca Long, Director, Legislation & Public Affairs, Metropolitan Transportation Commission

The Bay Area Toll Authority (BATA) reminds drivers that tolls at the region’s seven state-owned toll bridges will go up by $1 next Wednesday, Jan. 1, 2025. This will be the third of the three $1 toll increases approved by the California Legislature in 2017 through state Senate Bill 595 and by voters through Regional Measure 3 (RM3) in June 2018 which passed by 55.07% to 44.93%. The first of these toll hikes went into effect on Jan. 1, 2019, and the second on Jan. 1, 2022. It funds $4.45 billion slate of highway and transit improvements but did not include bridge maintenance and repairs. Regular tolls for two-axle cars and trucks (as well as for motorcycles) at the Antioch, San Francisco-Oakland Bay, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges will rise to $8 from the current $7 on Jan. 1, 2025. Tolls for vehicles with three or more axles also will rise by $1 on Jan. 1, 2025, at all seven of the state-owned toll bridges: to $18 for three axles, $23 for four-axles, $28 for five axles, $33 for six axles, and $38 for combinations with seven or more axles. Regional Measure 3 continues the peak-period toll discount for motorcycles, qualifying carpools and qualifying clean-air vehicles crossing any of the state-owned toll bridges on weekdays from 5 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. The discounted toll will rise to $4 on Jan. 1 from the current $3.50. To qualify for this discount, carpoolers, motorcyclists and drivers of clean-air vehicles must use FasTrak® to pay their tolls electronically and must use a designated carpool lane at each toll plaza. Contra Costa Voters Opposed Ballot Measure According to Ballotpedia, RM3 raised bridge tolls in the Bay Area—excluding tolls for the Golden Gate Bridge—by $3 over six years to fund the Bay Area Traffic Relief Plan, including a $4.5 billion slate of transportation projects. It was on the ballot for voters in the city and county of San Francisco and the following counties: Contra Costa, Alameda, Marin, Napa, San Mateo, Santa Clara, Solano and Sonoma. Voters in two of the counties most affected by the bridge tolls rejected RM3. The vote in Contra Costa County was 44.54% opposed to 55.465 in favor and Solano County voters overwhelmingly opposed it 30.03% to 69.97%. But voters in the other seven counties approved the measure. Alameda County where voters and commuters are also most affected by bridge toll increases passed RM3 by 53.89% to 46.11% The vote margin was closest in Napa County, where voters approved the measure 50.7 percent to 49.3 percent.

Source: Ballotpedia

Senate Bill 595 and Regional Measure 3 also established a 50-cent toll discount for two-axle vehicles crossing more than one of the state-owned toll bridges during weekday commute hours of 5 a.m. to 10 a.m. and 3 p.m. to 7 p.m. To be eligible for the toll discount, which is to be applied to the second toll crossing of the day, motorists must pay their tolls electronically with FasTrak®. Carpools, motorcycles and qualifying clean-air vehicles making a second peak-period toll crossing in a single day will qualify for an additional 25-cent discount off the already-discounted carpool toll. New FasTrak® customers can obtain toll tags at Costco warehouse stores and select Walgreens stores around Northern California. A complete list of participating locations — as well as an online enrollment and registration feature — is available on the FasTrak® Web site at bayareafastrak.org. Customers also may enroll in the FasTrak® program by phone at 1-877-229-8655; by calling 511 and asking for “FasTrak” at the first prompt; or in person at the FasTrak® customer service center at 375 Beale Street in San Francisco. FasTrak® can be used in all lanes at all Bay Area toll plazas. Major projects in the Regional Measure 3 expenditure plan include improvements to State Route 37 in the North Bay, freeway interchange improvements in Alameda, Contra Costa and Solano counties, the purchase of more new BART cars, extension of the BART system from Berryessa to downtown San Jose and Santa Clara, extension of the Caltrain corridor to the Salesforce Transit Center in downtown San Francisco, expansion of Muni’s transit vehicle fleet, expansion of San Francisco Bay Ferry service and more frequent transbay bus service, an improved connection between northbound U.S. 101 and the Richmond-San Rafael Bridge in Marin County, upgrades to the Dumbarton Bridge corridor, and extension of the SMART rail system to Windsor and Healdsburg in Sonoma County. In Addition to Recently Approved Bridge Toll Hikes Beginning Jan. 1, 2026

The Regional Measure 3 toll hike that takes effect next week is separate from the 50 cents per year toll hikes approved by BATA earlier this month, which will be phased in over five years, beginning Jan. 1, 2026, to pay for the maintenance, rehabilitation and operation of the seven state-owned toll bridges. It will increase tolls by 2030 to $11.50 for those who don’t use FasTrak and $10.50 for those who do. BATA this month also approved updates to the policies for high-occupancy vehicles on approaches to the state-owned bridges, which will similarly go into effect on Jan. 1, 2026. (See related article)

BATA, which is directed by the same policy board as the Metropolitan Transportation Commission (MTC), administers toll revenues from the Bay Area’s seven state-owned toll bridges. Toll revenues from the Golden Gate Bridge are administered by the Golden Gate Bridge, Highway and Transportation District, which joined with BATA to operate a single regional FasTrak® customer service center in San Francisco. MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area. Allen D. Payton contributed to this report.

117 arrested during CHP’s multi-agency Operation Holiday Watch retail theft campaign

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Photos courtesy of the CHP

$38,000 stolen merch recovered from 10 communities including Walnut Creek, San Ramon, Livermore

SACRAMENTO – In the final shopping days before Christmas, the California Highway Patrol (CHP) conducted a successful enforcement operation targeting organized retail crime, promoting safe shopping experiences for communities throughout California.

The collaborative statewide retail theft crackdown on Friday, December 20, just four days after Prop. 36 went into effect increasing penalties, resulted in 117 arrests, the recovery of over $38,000 in stolen merchandise, the seizure of two illegal firearms, and the recovery of three stolen vehicles. Charges range from petty theft, grand theft, organized retail crime, felon in possession of a firearm, and auto theft.

The daylong operation was conducted in collaboration with the Walnut Creek, San Ramon, Livermore, Hemet, Los Angeles, Glendale, Bakersfield and Woodland Police Departments, and Los Angeles Sheriff’s Department.

“Through proactive enforcement operations and strong partnerships with local law enforcement and retailers, we were able to protect the state’s businesses and consumers during one of the busiest times of the year,” said CHP Commissioner Sean Duryee. “Our efforts send a clear message that retail theft in California will not be tolerated.”

Key Results of the Operation:

  • 117 arrests made for organized retail theft and related offenses.
  • Recovery of 767 stolen items, valued at $38,290.70, including clothing, shoes, and fragrances.
  • Enhanced collaboration among 10 California law enforcement agencies and 56 different retail partners to improve in-store security and reporting.
  • Increased law enforcement visibility in high-traffic shopping areas, deterring additional crimes.

“The state stands committed to protecting consumers, especially as they go about the final shopping sprint before the holiday season,” said Governor Gavin Newsom. “I’m proud of the efforts of CHP and local law enforcement to protect consumers and businesses throughout California.”

As the holiday season winds down, the CHP will continue working with businesses and the community to prevent retail theft year-round. Anyone with information about organized retail theft operations is encouraged to contact the CHP.

Since the Organized Retail Crime Task Force’s inception in 2019, the CHP has been involved in over 3,200 investigations, leading to the arrest of more than 3,500 suspects and the recovery of nearly 1.3 million stolen goods valued at $51.3 million.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

Allen D. Payton contributed to this report.

 

Antioch man, Brentwood woman in custody dispute arrested for shoot-out in Pleasant Hill injuring their child

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Larry Neal, Jr. in 2017. Photo by Pittsburg PD

3rd arrest this year for Larry Neal, Jr. who was also injured and has history of arrests

By Pleasant Hill Police Department

The Pleasant Hill Police Department is investigating a shooting that injured an adult male and a child. Two arrests have been made.

On December 23, 2024, at about 11:49AM, the Pleasant Hill Police received several calls about numerous gunshots in the area of Contra Costa Blvd. and Vivian Drive. Responding officers were quickly able to locate three vehicles that were involved in the incident. The driver of one of the vehicles, Larry Neal, was struck by gunfire in the hand. A 7-year-old child was inside one of the involved vehicles and sustained minor injuries. Both were treated and released from local hospitals.

The investigation shows that this incident began as a custody dispute between the parents of the injured child and was not a random act. The occupants of two of the vehicles exchanged gunfire with one another at close range.

Contra Costa Blvd. was closed to traffic for several hours but has since reopened.

Alexis Janay Sidney (age 38, born June 9, 1986) of Brentwood was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle

Larry Darryl Neal, Jr. (age 27, born Dec. 6, 1997) of Antioch was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle, and PC 29800(a)(1)- Convicted Felon in Possession of a Firearm.

Both were booked at the Martinez Detention Facility.

Our agency is still actively investigating the shooting and ask that anyone with information contact the Pleasant Hill Police Department Investigations Division at (925) 288-4630

Case Number: 24-3760

According to NBC Bay Area news report, the two are parents of the child and the gunfire was over a custody dispute.

Neal Has History of Arrests

According to the Contra Costa Sheriff’s Department, Neal is five-foot, 11-inches tall, 189 pounds and his being held on $400,000 bail.

According to localcrimenews.com, Neal is Black and was arrested twice this year and twice in 2022. On Jan. 24 he was arrested by Richmond PD for multiple gun charges and on Jan. 25 he was arrested by Contra Costa Sheriff’s Deputies also for multiple gun charges, as well as hit-and-run and evading a police officer with wanton disregard for safety. On Feb. 18, 2022, Neal was arrested by Antioch PD for gun charges including addict in possession of firearm, possession of ammunition and carrying a loaded firearm when not the registered owner. He was arrested later that year on July 23 by Dublin CHP for assault against a peace officer or emergency personnel, driving while under the combined influence of drugs and alcohol and possession of an open container while driving.

As previously reported, in 2017 Neal was wanted by police for fatally shooting a 43-year-old Bethel Island man, Robert Hopkins, Jr., near the Baskin-Robbins in Pittsburg. He later turned himself in. During the trial a video was shown and according to an East Bay Times report, “The shooting, both defense and prosecuting attorneys agreed, was the culmination of a brief, spontaneous argument between Hopkins, Neal, and Neal’s then-pregnant girlfriend, that began with a stare-down between the two men. After Hopkins ran toward the couple, Neal fired five shots at him, striking him four times, according to testimony.” Neal’s public defender argued Neal fatally shot the Hopkins while defending his pregnant girlfriend to get the charges reduced but the judge in the case struck it down. However, the jury convicted Neal of manslaughter. Neal appealed the conviction, and it was later reduced to unlawful firearm activity and his sentence was vacated.

According to the Contra Costa Sheriff’s Office, the five-foot, two-inch tall, 176-pound Sidney is being held in the West County Detention Center on $350,000 bail.

Allen D. Payton contributed to this report.

Kaiser Permanente Antioch Medical Center recognized as Top Hospital

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Photos source: Kaiser Permanente.

Among 6 Kaiser Nor Cal hospitals ranked as nation’s Top Hospitals by The Leapfrog Group

By Antonia Ehlers, PR & Media Relations, Kaiser Permanente Northern California

Six Kaiser Permanente Northern California hospitals are among the top hospitals in the nation for providing safe, high-quality patient care, according to the Leapfrog Group’s 2024 Top Hospital award.

The highest-performing hospitals on the Leapfrog Hospital Survey are recognized annually with the prestigious Leapfrog Top Hospital award, considered one of the most elite and competitive honors a hospital can receive. In 2024, only 134 hospitals nationwide, or less than 6% of the nearly 2,400 eligible hospitals, were recognized.

The six Kaiser Permanente Northern California hospitals to receive the award include: Antioch, Manteca, Modesto, San Jose, San Rafael and South San Francisco. The Leapfrog Group also recently recognized 14 Kaiser Permanente Northern California hospitals with an “A” rating for patient safety.

Kaiser Foundation Hospital Antioch was recognized as a Top Teaching Hospital.

View this hospital’s full score.

View this hospital’s Leapfrog Hospital Survey Results

“Our hospitals are recognized consistently as among the best in the nation for providing safe, equitable, high-quality patient care, which is a top priority for our care teams and the staff and employees who support them,” said Carrie Owen Plietz, FACHE, president of Kaiser Permanente’s Northern California region. “Focusing on safety and quality enhances clinical outcomes and supports our patients’ journey toward improved health.”

Only 29 California hospitals received the Leapfrog Top Hospital award. Kaiser Permanente Northern California’s 6 hospitals represent more than 20% that were recognized.

The Leapfrog Top Hospital award is based on excellence in upholding quality standards across several areas of patient care including staffing, hand hygiene, infection rates, practices for safer surgery, maternity care, and error prevention. Hospitals must have also received an “A” Leapfrog Hospital Safety Grade in the most recent round of scoring to be eligible for the Top Hospital award.

“This recognition reflects the dedication of our highly trained clinical teams who provide exceptional quality care with compassion,” said Maria Ansari, MD, FACC, chief executive officer and executive director of The Permanente Medical Group. “Kaiser Permanente continues to be ranked among the best for providing high-quality care, focusing on the overall health and well-being of those we serve.”

The annual Top Hospital award is given to both teaching and general medical centers. Kaiser Permanente Antioch, San Jose, and South San Francisco are named top teaching hospitals and Kaiser Permanente Manteca, Modesto, and San Rafael are named top general hospitals.

The Leapfrog Group is an independent national nonprofit run by employers and other large purchasers of health care benefits. It is an independent advocacy group working with a broad range of partners, including hospitals and insurers.

Allen D. Payton contributed to this report.

BATA board approves annual toll increases to $11.50, HOV lane policy changes

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Photos source: BATA

For $2 billion in maintenance, preservation and operation of Bay Area’s seven state-owned bridges.

Contra Costa’s representatives voted in favor of 50-cent annual increases beginning Jan. 1, 2026.

By Allen D. Payton

After extending the period for public input, on Wednesday, Dec. 18, 2024, the Bay Area Toll Authority (BATA) Board of Directors voted 15-0-1 to approve toll increases and other toll policy changes for the Bay Area’s seven state-owned bridges beginning Jan. 1, 2026. Tolls will increase to as much as $11.50 by 2030.

According to BATA spokesman John Goodwin, the vote passed “by all 16 members present save one abstention from a brand-new commissioner, Alameda Mayor Marilyn Ezzy-Ashcraft, who represents the cities of Alameda County.”

The board consists of 21 members, with 18 voting members, he shared. Pleasant Hill Mayor Sue Noack, who represents the cities of Contra Costa, and Contra Costa District 5 Supervisor Federal Glover, who represents the County, both voted in favor of the toll increases.

A phased toll increase starting in 2026 is proposed to fund the Toll Bridge Capital Improvement Plan, which includes almost $2 billion of investment which will be used exclusively for the maintenance, preservation and operation of the San Francisco-Oakland Bay Bridge and the Antioch, Benicia-Martinez, Richmond-San Rafael, Carquinez, Dumbarton and San Mateo-Hayward bridges.

The Bay Area’s seven state-owned toll bridges are structurally sound and in good repair. State law requires BATA — working in partnership with Caltrans — to keep them that way.

The toll increases are separate from the $3 increase approved by Bay Area voters in 2018 through Regional Measure 3 to finance a comprehensive suite of highway and transit improvements around the region. The first of the three $1 Regional Measure 3 increases went into effect in 2019, followed by another in 2022. The last of the RM 3 toll hikes will go into effect Jan. 1, 2025, bringing the toll for regular two-axle cars and trucks to $8.

Summary of the 2026 Toll Increase

Toll rates include the last voter-approved Regional Measure 3 (RM 3) toll increase that goes into effect January 1, 2025.

To encourage electronic toll payment with FasTrak® tags, tolls and help recoup the increased costs of collecting tolls via pre-registered license plate accounts or invoices, on Jan. 1, 2027 will also rise by 25 cents for customers who pay with a pre-registered license plate account and on January 1, 2027 will rise by $1 for tolls paid by invoice.

Two-Axle Vehicle Toll increase schedule 2026-30. Source: BATA

Toll Increase: Two-Axle Vehicle Toll

The toll rate update includes an increase of 50 cents a year from 2026 through 2030 for two-axle vehicles. This phased-in approach is similar to the Golden Gate Bridge’s recent multi-year update to its toll schedule.

*HOV rate is 50% of two-axle FasTrak rate.

Three-Axle or More Vehicle Toll increase schedule 2026-30. Source: BATA

Toll Increase: Three-Axle or More Vehicle Toll

Tolls for multi-axle vehicles also will rise by 50 cents per axle per year from 2026 through 2030.

Multi-axle differential pricing:

  • Invoices: +$1.00 per transaction starting January 1, 2027
  • License plate account: + $0.25 per transaction starting January 1, 2027

A Precedent for Tiered Pricing

The Golden Gate Bridge, Highway and Transportation District has used a tiered pricing schedule at the Golden Gate Bridge since 2014.

Golden Gate Bridge tolls by July 2028 will range from $11.25 for FasTrak to $11.50 for license plate accounts to $12.25 for invoice customers.

Summary of the Changes to High-Occupancy Vehicle (HOV) Policies

BATA is also making changes to HOV policies. To provide regional consistency and to support the future deployment of open-road tolling at the state-owned bridges, the changes will establish a uniform three-person occupancy requirement for the discounted toll during weekday commute periods at all seven bridges. It will also allow vehicles with two occupants to use the carpool lanes on the approaches to all bridges except the San Francisco-Oakland Bay Bridge. These two-occupant vehicles will not receive the discounted toll but will be able to use the carpool lanes to save time traveling through the toll plazas.

BATA’s existing toll schedule allows vehicles with three or more occupants (HOV 3+) a discounted toll (half-price), with a two-person (HOV 2+) occupancy requirement for the discounted tolls at the Dumbarton and San Mateo-Hayward bridges. To provide regional consistency and to support the future deployment of open-road tolling at the state-owned bridges, the new policy will establish a uniform three-person occupancy requirement for the discounted toll during weekday commute periods at all seven bridges. The discounted toll rate is available weekdays from 5 to 10 a.m. and from 3 to 7 p.m.

The policy changes will also allow vehicles with two occupants to use the carpool lanes on the approaches to the Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges. These two-occupant vehicles will not receive the discounted toll but will be able to use the carpool lanes to save time traveling through the toll plazas. There will be no change at the San Francisco-Oakland Bay Bridge, where volumes of vehicles with three or more occupants are much higher than those at other bridges. Use of the carpool lanes on approaches to the Bay Bridge will still require a minimum of three occupants.

In addition to establishing region-wide consistency for the carpool toll discount, the policy changes are designed to:

  • Improve safety on the toll bridge approaches by minimizing “weaving” between lanes.
  • Optimize lane configurations as now-obsolete toll booths are removed as part of the bridges’ transition to open-road tolling.
  • Increase person-throughput by prioritizing access for buses and carpools.

Read more about the BATA toll increases, here.

See BATA Board meeting agenda items 24-1571 through 24-1575. Watch meeting video.

 

 

Contra Costa Continuum of Care seeks volunteers for Jan. 30th Homeless Point in Time Count

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By Contra Costa Health, Housing and Homeless Services

What is the Point in Time Count?

The Point-in-Time (PIT) Count provides a comprehensive snapshot of individuals experiencing homelessness—both sheltered and unsheltered—on a single night in late January. Mandated by the U.S. Department of Housing and Urban Development (HUD), this annual count requires Continuums of Care to account for sheltered individuals who are in emergency shelters, transitional housing, and safe havens, as well as unsheltered individuals who live in places not meant for human habitation like cars, parks, sidewalks, and abandoned buildings.

As a result, the Continuum of Care (CoC) must submit PIT Count data to HUD. This data is collected across the country to estimate homelessness and provide information about the demographics of people experiencing homelessness.

This information is used to decide how much funding communities get to help with homelessness.

Source: CCC CoC

Data collected from the Point-in-Time Count helps identify

  • The causes of homelessness
  • Create better policies, programs and funding allocations
  • Track progress in reducing homelessness

What Am I Being Asked To Do?

When Do You Need Me?

  • The week of January 13th for one (1) two hour IN PERSON Volunteer Training. You will select when/where you want to do the training when you register
  • Thursday, January 30th from 5:30 am – 9:00 am for the actual count!

How Do I Sign Up?

How do I learn more about the Point in Time Count?

  • Click hereto learn more

How do I tell my friends and family about this volunteer opportunity?

Volunteers must follow these three steps!

Questions?

CHP to hold statewide Maximum Enforcement Period for Christmas

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Tuesday & Wednesday, Dec. 24 & 25

SACRAMENTO – As families prepare to celebrate the holidays, the California Highway Patrol (CHP) reminds everyone to prioritize safety on the road. To keep travelers safe throughout the busy holiday season, the CHP is initiating the first of two statewide Maximum Enforcement Periods (MEP) this month to reduce traffic incidents by targeting unsafe driving behaviors and assisting motorists.

The CHP’s Christmas MEP begins at 6:01 p.m. on Tuesday, December 24, and continues until 11:59 p.m. on Wednesday, December 25. During this period, the CHP will increase patrols throughout the state to deter dangerous driving behaviors, including impaired driving, speeding, distracted driving and seat belt violations. The CHP also encourages the public to report unsafe drivers by calling 9-1-1.

“This time of year is about celebrating with family and friends, but it’s also a time when traffic incidents increase due to poor driving decisions,” said CHP Commissioner Sean Duryee. “Each of us has a role in making California’s roads safer. Let’s work together to keep this holiday season free of tragedy.”

Last year, during the 78-hour Christmas MEP, 20 people lost their lives in crashes within CHP jurisdiction. In addition, CHP officers made over 900 arrests for driving under the influence.

Let’s make safety our top priority on the road! Buckle up, drive responsibly, and if you’re celebrating, always plan for a sober ride. Your thoughtful choices can help prevent crashes and keep California’s roads safe for everyone. Celebrate wisely and drive with care!

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

As Prop 36 goes into effect CA Attorney General Bonta issues info bulletin to law enforcement

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Increases penalties for shoplifting and certain drug crimes

On Dec. 13, California Attorney General Rob Bonta issued an Information Bulletin to all law enforcement agencies in the state about Proposition 36 which passed overwhelmingly in November and went into effect on Wednesday, Dec. 18th. The bulletin highlights the statutory changes and additions made to current law under the proposition known as “The Homelessness, Drug Addiction, and Theft Reduction Act.”

“Ultimately, our success in combating organized retail crime hinges on our ability to work together, innovate, and remain steadfast in our commitment to protecting our neighborhoods and businesses,” said Attorney General Bonta. “Let us harness the strength of our partnerships, the power of new legislation, and the collective resolve of our community to create a safer and more secure environment for everyone. My office is committed to fighting organized retail crime head on.”

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include the creation of new felony theft and drug crimes targeting recidivist offenders, removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h) as opposed to state prison, and alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

Following is Bonta’s Information Bulletin:

TO: ALL CALIFORNIA LAW ENFORCEMENT AGENCIES PROPOSITION 36: “The Homelessness, Drug Addiction, and Theft Reduction Act”

On November 5, 2024, California voters passed Proposition 36, known as “The Homelessness, Drug Addiction, and Theft Reduction Act.” Proposition 36 takes effect on December 18, 2024.

Proposition 36 modifies existing law and adds substantive charges and enhancements to areas of the Penal Code and Health and Safety Code regarding theft, property damage, and drug-related crimes. The changes include: (1) the creation of new felony theft and drug crimes targeting recidivist offenders; (2) removal of eligibility for the sentences of certain offenses to be served in county jail pursuant to Penal Code section 1170(h); and (3) alignment of the punishment for crimes involving fentanyl with that of other similar controlled substances.

The purpose of this bulletin is to highlight the statutory changes and additions made by Proposition 36.

CHANGES UNDER PROPOSITION 36 RELATING TO THEFT AND PROPERTY DAMAGE

Penal Code section 490.3 (Aggregation of Losses in Multiple Thefts): Proposition 36 creates a new Penal Code section 490.3 which permits aggregation of the value of property or merchandise stolen during multiple thefts to meet the $950 threshold for a felony without having to prove that the various crimes were motivated by one intention, one general impulse, and one plan. This new section applies to theft or shoplifting, including, but not limited to, violations of Penal Code sections 459.5, 484, 488, and 490.2.

Penal Code section 490.3 applies “notwithstanding any other law,” and is therefore broader than other laws such as Penal Code section 487, subdivision (e) and the new Penal Code section 12022.10,1

1 which would permit aggregation only in limited circumstances, such as if the acts were motivated by one intention, one general impulse, and one plan, or only if there was a common scheme or plan, respectively.

Penal Code section 666.1 (Felony Crime of Theft with Two Prior Thefts): Penal Code section 666.1 is a new, recidivist felony offense of committing petty theft or shoplifting while having two or more prior misdemeanor or felony convictions for specified theft-related crimes. A first conviction under Penal Code section 666.1, subdivision (a)(1) is punishable in county jail pursuant to Penal Code section 1170(h), second or subsequent convictions are punishable in county jail or state prison. Other notable aspects of Penal Code section 666.1 include:

  • There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Penal Code section 666.1(a)(1)—all prior convictions qualify, regardless of when they occurred.
  • Although Penal Code section 666.1 does not mandate that the two or more specified prior convictions be alleged in the accusatory pleading, existing authority suggests that the prior convictions must be alleged and proved at preliminary hearing so a defendant can be held to answer on a Penal Code section 666.1 charge. (See People v. Casillas (2001) 92 Cal.App.4th 171.)
  • Section 666.1 applies “notwithstanding any other law,” meaning that it will apply even if a defendant could alternatively have been prosecuted for a misdemeanor theft-related charge pursuant to another statute.
  • Upon arrest on a Penal Code section 666.1 charge, subdivision (c) requires judicial review prior to release from custody to make an individualized determination of the arrestee’s risk to public safety and likelihood to return to court.

Penal Code section 12022.6 (Excessive Takings Enhancement): Proposition 36 re-enacts and modifies several aspects of the Penal Code section 12022.6 enhancement, which was repealed at the end of 2017 because of a sunset date. Penal Code section 12022.6 applies when an offender takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Penal Code section 496 (possessing/receiving/selling stolen property). This enhancement must be pled and proved. The enhancements are as follows:

  • One-year enhancement – loss or property value over $50,000
  • Two-year enhancement – loss or property value over $200,000
  • Three-year enhancement – loss or property value over $1 million
  • Four-year enhancement – loss or property value over $3 million
  • One-year enhancement for every additional loss or property value of $3 million (imposed in addition to the four-year, $3 million enhancement)

The enhancements may be imposed if the combined losses to the victims or the combined property values from all felonies exceed the threshold amounts and arise from a common scheme or plan. The enhancement permits the court to impose a Penal Code section 12022.6 enhancement and another enhancement on a single count, including an enhancement pursuant to new Penal Code section 12022.65 (acting in concert to take, damage, or destroy property—see below). Thus, a defendant may be punished for both acting in concert (Pen. Code § 12022.65) and for taking or damaging property valued at more than $50,000 (Pen. Code § 12022.6). The punishment specified in Penal Code sections 12022.6, subdivisions (a)(1) and (a)(2) will continue to apply where Penal Code section 186.11 has been charged, as it previously did.2

Penal Code section 12022.65 (Theft or Property Damage In-Concert Enhancement): Penal Code section 12022.65 is a new enhancement that applies when an offender acts in concert with two or more persons to take, attempt to take, damage, or destroy property, in the commission or attempted commission of a felony. This enhancement has a range of one, two, or three years and must be pled and proved.

CHANGES UNDER PROPOSITION 36 RELATING TO CONTROLLED SUBSTANCES

Health and Safety Code section 11369 (Warning to Dealers of Hard Drugs): Proposition 36 creates a new section 11369 in the Health and Safety Code section 11369 which requires the trial court to advise anyone convicted of a violation of Health and Safety Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug,3 that distributing, selling, furnishing, administering, giving away, or manufacturing any drug is extremely dangerous and deadly to human life, and if the conduct continues, the defendant can be charged with homicide, up to and including murder.4 The admonishment must be given to the defendant in writing and the court record must reflect that the admonishment was given.

Health and Safety Code section 11370.1 (Possessing a Drug While Armed with a Firearm): Health and Safety Code section 11370.1 is modified by Proposition 36 to expand the felony crime of unlawfully possessing a specified substance while armed with a loaded, operable firearm to include any substance containing fentanyl. Health and Safety Code section 11370.1 continues to apply to substances containing cocaine, cocaine base, heroin, methamphetamine, or phencyclidine, and continues to provide punishment of two, three, or four years in state prison.

Health and Safety Code section 11370.4 (Controlled Substance Weight Enhancement): Health and Safety Code section 11370.4 is modified by Proposition 36 by adding a new subdivision (c), which provides a range of enhancements for a violation of Health and Safety Code sections 11351, 11352, or a conspiracy to violate either section, involving fentanyl.5 The following chart breaks down the nine new weight enhancements for fentanyl in specific quantities:

Source: Office of the CA Attorney General

New subdivision (e) provides that notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of an underlying violation specified in Health and Safety Code section 11370.4 (e.g., Health & Saf. Code §§ 11351, 11351.5, 11352, 11378, 11378.5, 11379, and 11379.5) who admits a weight enhancement or for whom a weight enhancement is found true for any of the listed controlled substances, is punishable in state prison and not county jail pursuant to Penal Code section 1170, subdivision (h).

Health and Safety Code section 11395 (“Treatment-Mandated Felony Act”): Proposition 36 creates Health and Safety Code section 11395, a new, recidivist felony offense of possessing a “hard drug” and having two or more prior felony or misdemeanor convictions for specified drug-related crimes. A violation of Health and Safety Code section 11395 is punishable in county jail pursuant to Penal Code section 1170(h) for a first conviction. Subsequent convictions are punishable in state prison. Both first and subsequent convictions are wobblers and eligible for probation unless otherwise prohibited. Other notable aspects of Health and Safety Code section 11395 include:

  • Section 11395 applies “notwithstanding any other law,” meaning that it will apply even if a defendant would have been eligible for a misdemeanor drug possession charge (e.g., Health & Saf. Code § 11350 or 11377), Penal Code section 1000 drug diversion, or probation for a non-violent drug possession offense pursuant to Penal Code section 1210.1.
  • The two or more prior convictions of specified crimes within Health and Safety Code section 11395, subdivision (c) may be either misdemeanor or a felony convictions.
  • There is no “washout” timeframe on the prior convictions that qualify a defendant to be charged with a violation of Health and Safety Code section 11395—all prior convictions qualify, regardless of when they occurred.
  • Prior convictions must be pled and proven. (Health & Saf. Code, § 11395, subd. (c).)
  • Upon booking for a violation of Health and Safety Code section 11395, subdivision (f) requires judicial review prior to release from custody to make an individual determination of the arrestee’s risk to public safety and likelihood to return to court.

Health and Safety Code section 11395 also provides an option for treatment in lieu of incarceration for its offenses. Health and Safety Code section 11395, subdivision (d) provides that a defendant may choose treatment instead of county jail, state prison, or a grant of probation with county jail as a condition of probation.6 Upon successful completion of the treatment program, the positive recommendation of the  treatment program, and a motion by the defendant, the court shall dismiss the Health and Safety Code section 11395 charge. (Heath & Saf. Code, § 11395, subd. (d)(3).)

Penal Code section 12022, subdivision (c) (Drug Crimes While Personally Armed with a Firearm): Proposition 36 amends Penal Code section 12022, subdivision (c) to provide that the enhancement for individuals convicted of specified drug offenses and who are personally armed with a firearm, must serve the additional term in state prison instead of county jail. Subdivision (c) is further amended to provide that, notwithstanding Penal Code section 1170, subdivision (h)(9), a defendant convicted of a specified underlying violation who admits a Penal Code section 12022, subdivision (c) firearm enhancement or has such an enhancement found true, is punishable in state prison even if the underlying offense is a section 1170, subdivision (h) county jail offense.

Penal Code section 12022.7 (Great Bodily Injury (GBI) Enhancement For Drug-Related Injury): Proposition 36 amends Penal Code section 12022.7 to add subdivision (f)(2), which explicitly provides that “a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.” This creates a great bodily injury enhancement that can be charged when the person to whom an offender supplies a drug suffers a serious injury from using the drug, including death.7

1 Penal Code section 12022.10 is a new enhancement created by Senate Bill 1416, effective January 1, 2025, for selling, exchanging, or returning for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business. It also applies to attempted selling, exchanging, or returning, and has a sunset date of January 1, 2030. By contrast, Penal Code section 490.3 does not address the aggregation of sales of stolen property.

2 Assembly Bill 1960, effective on January 1, 2025, adds a Penal Code section 12022.6 excessive taking enhancement that is almost identical to that in Proposition 36. The non-substantive difference is that AB 1960 contains a sunset date of January 1, 2030, and Proposition 36 does not contain a sunset date.

3 “Hard drug” means a controlled substance listed in Health and Safety Code section 11054 or 11055, except that it does not include substances listed in Health and Safety Code section 11054, subdivisions (d) and (e), or, with the exception of methamphetamine, any other substance listed in Health and Safety Code section 11055, subdivision (d). (Health & Saf. Code, § 11369, subd. (d).)

4 Vehicle Code section 23593 similarly provides that, upon conviction of certain Vehicle Code provisions, courts are required to give an advisement about the dangers of drinking and driving, and warn that if someone is killed, the offender can be charged with murder.

5 Health and Safety Code section 11370.4, subdivision (a)(1) removes fentanyl from the list of controlled substances. The modification to Health and Safety Code section 11370.4 puts fentanyl in its own subdivision (c)(1) and lowers the quantity thresholds because fentanyl is more lethal than other substances in small doses. Health and Safety Code section 11370.4, subdivision (a)(1) still applies to heroin, cocaine, and cocaine base and does not change the quantities or punishment for those substances.

6 Section 11395 is a deferred entry of judgment program, in which the defendant must plead guilty or no contest before going into treatment; it is not a diversion program.

7 This new language abrogates the California Supreme Court’s decision in People v. Ollo (2021) 11 Cal.5th 682, which held that furnishing a drug that causes death does not necessarily qualify as personal infliction of great bodily injury.

Allen D. Payton contributed to this report.