First felony charges under Proposition 36 filed

On By Littum

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The first felony charges under California’s Proposition 36 have been filed.

Dustin Towery, 25, pleaded not guilty Monday to the charges Monday in an alleged shoplifting case in Kern County Superior Court in Bakersfield.

Towery is expected to be back in court in January, according to bakersfieldnow.com. He remains jailed without bail.

Bakersfield police arrested Towery Thursday, the day after Proposition 36 took effect. The Kern County District Attorney’s Office said he and an unnamed suspect allegedly stole two electric scooters, which had a total value of $879, from the Target at The Shops at River Walk. Towery allegedly ran away from officers, who found him hiding under a parked vehicle at the Bakersfield mall, according to various media outlets. The scooters were found.

Proposition 36 – The Homelessness, Substance Abuse and Theft Act – repealed some of the sentence reductions from Proposition 47, according to impartial legislative analyst office.

Passed in 2014, Proposition 47 turned thefts of $950 or less and some drug-related charges into misdemeanors. Proposition 36 allows felony charges for thefts under $950 and possession of certain drugs if the defendant has two prior theft or drug convictions.

From 2018 to 2020, Towery allegedly had six theft-related convictions for offenses that included multiple burglaries and possession of multiple stolen vehicles, according to bakersfieldnow.com. The DA charged him with theft of the scooters under the Repeat Theft Act, also known as California Penal Code Section 666.1.

Proposition 36 is widely supported

Proposition 36 passed 69% in the Nov. 5 election, a fact Kern County District Attorney Cynthia Zimmer noted. She said the new law gives police and prosecutors tools to once again hold repeat thieves accountable.

“I look forward to putting these tools to use and bringing order back to our community, which has suffered for too long at the hands of repeat theft offenders,” Zimmer said, according to bakersfieldnow.com.

Dave Mason covers the East County for the Ventura County Star. He can be found at [email protected] or 805-437-0232.