Swing-district Dem breaks with Newsom on crime ballot measure

Another powerful Democrat in Sacramento has broken ranks with party brass and endorsed a November ballot initiative that would increase prison sentences for retail theft and drug crimes.

State Sen. Dave Min, who is running for Rep. Katie Porter ’s open House seat in Orange County, told POLITICO that he will support the initiative to roll back parts of Proposition 47 — a decade-old law that reduced penalties for some non-violent felony crimes.

Min’s stance puts him at odds with Gov. Gavin Newsom and Democratic leaders in the Legislature , who oppose the crime ballot initiative sponsored by district attorneys. Min had previously been ambiguous about his stance on the initiative, saying he hadn’t reviewed the language — a stance that was criticized by his Republican opponent, Scott Baugh.

“While well intentioned, Proposition 47 has resulted in a wave of unintended consequences that have plagued our communities with a dramatic rise in retail theft and smash-and-grab robberies,” Min said in a statement.

Min’s announcement comes at a crucial moment , as Newsom tries to rally Democratic lawmakers behind a potential rival initiative that he’s hoping to put on the ballot in November. Newsom’s counter-proposal would likely increase some penalties for theft, but would be less far-reaching than the initiative sponsored by DAs and likely wouldn’t touch sentences for drug possession.

The Legislature could vote on the new measure next week, and the margin is expected to be especially tight in the state Senate, where Democrats have fewer seats. Such a constitutional amendment would require a two-thirds vote in each house.

It wasn’t immediately clear if Min would also support the Newsom-led measure. “Dave Min is committed to fixing Prop 47,” said Dan Driscoll, Min’s campaign manager.

Democrats in the Legislature are also rushing to pass their own package of anti-crime legislation. Republicans have criticized Democrats over “poison pill” amendments they made to several of the bills, so they would be repealed in the initiative to roll back Prop 47 passes.

Min also said that he plans to remove amendments from his retail-theft bill that would nullify the law if the ballot measure passed — a major point of contention. His measure would increase penalties for offenders who start fires in retail stores.