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Prop 36 increases punishment for theft; SLO Co. D.A. weighs in

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Proposition 36 passed in the last election, and allows for higher punishment for theft crimes. Local business owners say theft is an issue they face.

"Theft is definitely a concern here," said Rick Laporte, a manager at Nemo's Comics and Games in San Luis Obispo.

"It's really hard as small business owners to have someone steal because it really impacts the business. It's (a) really invading feeling to have someone take your things," said Apropos owner Natalie Risner.

Both of them say they have added extra security measures to try and fend off thieves.

"Like four people came in and did the typical distract and then the other people go and start putting stuff in bags, and I was working alone and realized what was happening and went and stood by the door and was able to stop them, but they got out with probably $1,500 dollars worth of stuff, but stopped a lot of what they had. That was probably when I realized I need to get cameras," Risner said.

Nemo's also has cameras throughout the store, but went an extra step, adding bag checking at the door.

"That kind of helps out because if people are walking around with bags, you don't know what they could stuff in them," Laporte said.

Despite these extra measures, thefts still occur. So what can be done to encourage thieves to stop? San Luis Obispo County District Attorney Dan Dow says that Proposition 36, which passed with a 70% approval rating in the last election, is designed to do just that.

He says it makes the punishment more severe.

"A recidivist who goes and steals from store after store or from people, if you have two prior convictions for petty theft, your third petty theft under $950 can be charged as a felony. The idea being that, 'Look, you haven't learned you have two prior convictions, we need to increase the sanction,' and so getting them on felony probation and doing more county jail time," Dow said.

Since Proposition 36 went into effect in December, Dow says there have been 34 felony theft cases referred to his office that they are prosecuting.

"Within the first two weeks when we had folks coming into court for felony theft, we heard them exclaim out, you know, spontaneously to the court, 'That's a felony? I had no Idea. I wouldn't have done it if I knew it was a felony'," Dow said.