Two people who thought they could carry out an easy theft in Gustine might be re-thinking that decision as they face felony charges thanks to the passage of Prop 36.

In the last election California voters, by a 68 percent majority, passed Prop 36, also known as the Drug and Theft Crime Penalties and Treatment Mandated Felonies Initiative. The proposition aimed to address issues related to drug addiction, theft, and homelessness by introducing tougher penalties for repeat offenders and mandating treatment for certain drug crimes. Particularly, it rolled back some of the reforms from Prop 47.

Proposition 47 was a ballot measure passed by voters in 2014 that reduced certain theft and drug possession offenses from felonies to misdemeanors in an effort to mitigate overcrowding in jails and prisons. In part, Proposition 47 increased the total threshold amount for misdemeanors from $450 to $950 and increased the number of disqualifying prior convictions from one to three or more.

Prop 47 quickly became the bane of law enforcement as they saw first-hand how offenders were being released with a citation only to re-offend quickly thereafter. It especially was a contributing factor in driving up retail thefts around the state.

“It was very frustrating,” said Gustine Police Chief Ruben Chavez. “People abused this proposition because there were no consequences for them.”

Chavez not only witnessed as a law enforcement member, but also as a shopper.

“I was at a Lowe’s and saw this man pushing a large tool chest towards the exit,” Chavez said. “I told the clerk ‘that guy is going to steal that chest’ and they told me they would be fired if they tried to stop him. I was so upset that nothing was going to be done, so I followed him out and grabbed him by the back of the neck and stopped him from stealing the tool chest.”

Some of the key elements of Prop 36 include felony charges for repeat offenders. Individuals with two prior drug or theft convictions can now face felony charges for subsequent offenses.

“Law enforcement were so happy that Prop 36 passed because it undoes a lot of those things that drove up retail thefts,” Chavez said.

The proposition also increases sentences for certain drug and theft crimes, including possession of drugs like fentanyl, heroin, and methamphetamine. Offenders can avoid jail time by completing a drug or mental health treatment program. Successful completion of the program can lead to the dismissal of felony charges.

The Gustine Police Department got to put the new law into practice last week with the arrest of Cruz Vasquez Jr., 44, and Krystal Ann Campos, 37, both of Los Banos on Feb. 15.

“We get people from the Los Banos and dos Palos area that come to Gustine thinking they can steal here easily,” Chavez said. “Hopefully, the word will get out now that that is not the case.”

The pair came to the Dollar General store on Feb. 12 and quickly loaded up a cart with a variety of items and then pushed it right out of the store, without paying for the merchandise. They were last seen leaving in a red Chevy pickup truck.

The store was able to provide the police department with video surveillance of the theft and Sgt. Gilstrap recognized the pair from prior encounters and he was able to obtain a warrant for their arrest.

On Feb. 15, Vasquez and Campos were stopped in Los Banos and were taken into custody on the warrant. Both were charged with petty theft with two or more priors, which is a felony, and organized retail theft with the intent to sell, exchange or return, which is a misdemeanor.

“They both have two petty theft priors, so they’re going to do some time,” Chavez said.