WEBVTT - Reforming Prop 47: Sheriff John McGinness Talks To A&G

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<v Speaker 1>In the past two years, this family owned Puerto Rican

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<v Speaker 1>restaurant in Fruitval Avenue has been robbed twice at gunpoint.

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<v Speaker 1>The owner says he rarely sees police patrols despite the

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<v Speaker 1>numerous armed holdups that have plagued this neighborhood for the

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<v Speaker 1>past two years.

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<v Speaker 2>And enough is enough. We're proposing not to pay taxes

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<v Speaker 2>to the city and do you give me the survey

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<v Speaker 2>that we deserve.

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<v Speaker 1>Jose Ortiz, and Oakland native, says, in addition to the

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<v Speaker 1>multiple robberies, he's seen a twenty five percent drop in

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<v Speaker 1>business and customers are staying away because they don't feel safe.

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<v Speaker 1>There's nothing on the books yet, but the full Council

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<v Speaker 1>may need to consider a tax to Firman initiative for

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<v Speaker 1>the effective businesses big and small.

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<v Speaker 3>Wherever you're listening, from coast to coast, Alaska and Hawaii

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<v Speaker 3>and strange foreign lands, some of your leaders are considering

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<v Speaker 3>so called progressive justice reform. We are here to warn

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<v Speaker 3>you about the reality. Specifically, what was known as Prop

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<v Speaker 3>forty seven in the state of kelun A Cornea passed

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<v Speaker 3>according to the excellent Katie Grimes in California Globe by

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<v Speaker 3>tragically misinformed voters. In twenty fourteen, freight flagrantly titled these

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<v Speaker 3>Safe Neighborhoods and Schools Act by then Attorney General Kamala Harris.

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<v Speaker 4>I didn't remember that. That's what it was called WOW.

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<v Speaker 3>Which reduced a host of serious felonies to misdemeanors, including

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<v Speaker 3>drug crimes, date rape, all thefts under nine hundred and

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<v Speaker 3>fifty dollars, even for repeat offenders who steal every day.

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<v Speaker 3>It also decriminalized drug possession from a felonine to a misdemeanor,

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<v Speaker 3>removed law enforcement's ability to make an arrest in most circumstances,

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<v Speaker 3>as well as removing judge's ability to order drug rehabilitation

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<v Speaker 3>programs rather than incarceration.

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<v Speaker 2>It has been a cataclysmic disaster.

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<v Speaker 4>So what was it called the Safe Neighborhoods Act or whatever?

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<v Speaker 2>The Safe Neighborhoods and Schools And what was their spin

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<v Speaker 2>on that? I don't even remember.

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<v Speaker 5>It.

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<v Speaker 3>People will get counseling and as people only stink it

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<v Speaker 3>was Let's I tell you what perfect ramp on ramp

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<v Speaker 3>to discuss Prop forty seven in the effort to reform

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<v Speaker 3>it was Sheriff John McGinnis, who was for years and

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<v Speaker 3>years with Sacramento County Sheriff's Department, including being the sheriff.

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<v Speaker 3>He's now a very popular and enjoyable radio host in

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<v Speaker 3>California and a longtime friend of the Armstrong and Getty Show.

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<v Speaker 2>Sheriff John McGinnis, John, how are you, sir?

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<v Speaker 5>Very well, gentlemen, great to be with you. Thanks.

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<v Speaker 4>Do you remember how they spun it to get people

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<v Speaker 4>to unfortunately vote for it in the first place.

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<v Speaker 5>They did, they were in their estimation there was excessive

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<v Speaker 5>incarceration and therefore give people a chance, give him an

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<v Speaker 5>opportunity to assimilate into society, be treated more fairly. They'll

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<v Speaker 5>live a better, healthier, happier life than that will make

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<v Speaker 5>schools and neighborhoods safer. Ironically, this passed in November twenty fourteen.

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<v Speaker 5>It took effect immediately, so the very next day, there

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<v Speaker 5>was a guy that went into a big box store

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<v Speaker 5>in Santa Clarita down in Los Angeles County, and it

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<v Speaker 5>showed that he had the intent when he entered that

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<v Speaker 5>business to commit a theft, which makes it out of

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<v Speaker 5>the formerly a felled burglary commercial burglary under Caifornia law,

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<v Speaker 5>that all went away with Prop forty seven. So he

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<v Speaker 5>was cited and released from that scene rather than being

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<v Speaker 5>booked in jail. He went out to a vocal school

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<v Speaker 5>bus stop bench, where he found a young lady waiting

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<v Speaker 5>for the bus to take her to school in a

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<v Speaker 5>residential neighborhood. He took her into a field, raped her,

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<v Speaker 5>and left her for dad. So this guy would have

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<v Speaker 5>been in custody but for the passage of Prop forty spin.

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<v Speaker 5>Now he's a bad guy that was going to do

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<v Speaker 5>bad deeds no matter what. But just the irony of

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<v Speaker 5>this graphic illustration of its failure and the inconsistency with

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<v Speaker 5>the message it purported to promise, is just It is

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<v Speaker 5>frustrating beyond the ability to accept.

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<v Speaker 3>And speaking of frustrating, you'll hear from various progressive leaders that, well, actually,

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<v Speaker 3>crime is not risen, or crime is down here and there,

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<v Speaker 3>and you know, you know better than us that if

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<v Speaker 3>offenders are not arrested, and if they're arrested, they're not prosecuted,

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<v Speaker 3>and if they're prosecuting, they're not tried, et cetera, et cetera,

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<v Speaker 3>people stop reporting crime.

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<v Speaker 2>They go why did they bother?

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<v Speaker 5>Absolutely true, and we warned about this. There were several

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<v Speaker 5>of us that read this horrible proposition and just really

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<v Speaker 5>urged the public to be aware, don't fall for this.

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<v Speaker 5>This is disingenuous. You will find among the casualties you'll

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<v Speaker 5>have under reporting. And I took that message up and

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<v Speaker 5>down the state of California to law enforcement officers, DA's

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<v Speaker 5>city attorneys and really truly pleaded with them to continue

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<v Speaker 5>to report crimes. The reality is the victims are not

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<v Speaker 5>calling the police to report the crime in the first

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<v Speaker 5>place because they rightfully believe no consequence, no results will

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<v Speaker 5>come from that. So and I asked people rather regularly,

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<v Speaker 5>just look back in your mind's eye prior to November

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<v Speaker 5>of twenty fourteen, how often did you hear the term

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<v Speaker 5>smash and grab thefts? If it wasn't a thing? Frankly,

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<v Speaker 5>how often did you see tents and encampments on the

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<v Speaker 5>streets and residential areas and commercial areas throughout the state

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<v Speaker 5>of California? You did not, There were none because it

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<v Speaker 5>was tolerated. Well.

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<v Speaker 4>The product property, One of my favorite ones is you know,

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<v Speaker 4>going to the nice mall and seeing an armed.

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<v Speaker 2>Guard in front of your stores. I mean, that was

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<v Speaker 2>never anything I ever saw in my life.

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<v Speaker 5>No no, this is absolutely, un undeniably created a real

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<v Speaker 5>mess in the state of California. And by the way,

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<v Speaker 5>California is it's not unique to California. They're doing similar

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<v Speaker 5>things in other states. You can see it elsewhere in

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<v Speaker 5>New York, Illinois, Massachusetts doing many of the same kinds

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<v Speaker 5>of things. But this is an opportunity. Now. The good

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<v Speaker 5>news is, and it seems to have a tremendous degree

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<v Speaker 5>of positive reception to actually reform this or to fix it,

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<v Speaker 5>or to meliorate the consequences of Prop. Forty seven.

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<v Speaker 2>It's called the pull your head out of your ass acts. Well,

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<v Speaker 2>you know, twenty twenty four.

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<v Speaker 5>I can't come up with anything better. Jack, that's good.

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<v Speaker 2>What's it? What's it going to do? What are the

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<v Speaker 2>reforms we're talking about?

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<v Speaker 5>Well, by the way, let me just warn your ratifront

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<v Speaker 5>is not a panacea. But it'll do is reclassify THEEPS

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<v Speaker 5>with two or more prior convictions as jail elible felony,

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<v Speaker 5>so you get two strikes as a convicted thief before

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<v Speaker 5>you're now eligible for a felony prosecution. We used to

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<v Speaker 5>have a law, and ironically this Penal Code section sixty

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<v Speaker 5>sixty six that made a subsequent theft a felony. Petty

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<v Speaker 5>theft of the prior was a felony, and it was

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<v Speaker 5>seldom charged. There was prosecutorial and judicial discretion, but that's

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<v Speaker 5>completely gone now and the crooks know it. So you

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<v Speaker 5>can literally go into a retail store three hundred and

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<v Speaker 5>sixty five days a year, steal nine hundred and forty

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<v Speaker 5>nine dollars worth of merchandise and have no aggregation or

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<v Speaker 5>compounding consequences for those thefts.

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<v Speaker 2>That's so insane, it's absurd.

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<v Speaker 5>Three hundred and sixty five misdemeanors they're subject to, they're

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<v Speaker 5>issued to citation that they throw away, they don't pay

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<v Speaker 5>any attention to. And in some of the jurisdictions in

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<v Speaker 5>the state of California, you have hundreds of thousands of

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<v Speaker 5>warrants for these kinds of behaviors that are unaddressed.

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<v Speaker 2>Two hundreds of thousands.

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<v Speaker 5>Great not it's incredible. You know, law of biting people

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<v Speaker 5>get a traffic citation, they grumble at the idea, but

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<v Speaker 5>they take care of right. The people who are living

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<v Speaker 5>this criminal lifestyle don't care about it, so they routinely

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<v Speaker 5>discard those citations, pay no attention to them. Whatsoever, they

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<v Speaker 5>go on living that lifestyle. And of course one of

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<v Speaker 5>the greatest manifestations of this is what's so oftentimes referred

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<v Speaker 5>to as the homelessness epidemic, But when you think about it,

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<v Speaker 5>is really not homelessness is the final symptom. It's antisocial

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<v Speaker 5>criminal behavior left unaddressed that has created a problem. So

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<v Speaker 5>it really I think it adversely impacts everybody, the business community,

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<v Speaker 5>people trying to enjoy their quality of life, and even

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<v Speaker 5>the offenders selves are not well served by this nonsense.

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<v Speaker 3>All right, So given the time that we have John Sheriff,

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<v Speaker 3>John McGinnis is on the line, why don't I hit

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<v Speaker 3>you with some of the reforms of forty seven. You

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<v Speaker 3>can comment for a second or two if you want. Oh,

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<v Speaker 3>you mentioned it reclassified theft with two or more prior

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<v Speaker 3>convictions jail eligible. Adds new laws to address smash and

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<v Speaker 3>grab thefts that result in significant losses or are committed

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<v Speaker 3>by multiple thieves together.

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<v Speaker 5>That's interesting, yeah, yeah, And that's what you see happening routinely.

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<v Speaker 5>What's the evening news. You see graphic images of it.

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<v Speaker 5>So this targets that because as I say, now, there

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<v Speaker 5>is no aggregation of those individual crimes that they're all

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<v Speaker 5>treated separately as misdemeanors. And by the way, cooks know

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<v Speaker 5>what's worth nine hundred and fifty bucks and what's not,

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<v Speaker 5>so they use calculators in many cases to make a

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<v Speaker 5>determination as to how much they can take avoiding felony consequences.

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<v Speaker 3>Okay, so you can go ahead and aggregate those those

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<v Speaker 3>thefts and charge felonies. I know it adds fentanyl to

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<v Speaker 3>the list of hard drugs resulting in selny prison time.

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<v Speaker 2>That's good. How many people would have to die before

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<v Speaker 2>we wake up? That amazes me.

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<v Speaker 5>It's absolutely insane. And this is a different kind of

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<v Speaker 5>a poison. I still, you know, I think methan, fhetamine

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<v Speaker 5>and fentanyl are in a race to see which is

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<v Speaker 5>the most destructive. Fentanyl is clearly more deadly, but methan

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<v Speaker 5>fetamine destroys communities. It destroys plumbing fixtures where this stuff

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<v Speaker 5>is cooked, It destroys the underground water table. Do's so

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<v Speaker 5>much damage. And by the way, it as a result

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<v Speaker 5>of Prop forty seven that then fetamine was reduced from

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<v Speaker 5>a felony to a mistemeanor. So a lot of this

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<v Speaker 5>I think would go a long way in making things better,

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<v Speaker 5>not an absolute pantasy. I think it's a first critical step,

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<v Speaker 5>and it's also it's a resulted I think in a

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<v Speaker 5>collective opening of the eyes to a great extent of

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<v Speaker 5>the voters recognize the fallacy of these propositions, and the

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<v Speaker 5>summary entitled to call this something like the Safe Neighbors

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<v Speaker 5>and Schools Act there gives me hope for the future.

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<v Speaker 4>Do you have any idea what the polling is on this,

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<v Speaker 4>the likelihood people agree it needs to be reformed.

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<v Speaker 5>Yeah, this polls very favorably. In fact, when it's called

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<v Speaker 5>the Homelessness, Addiction and Theft Reduction Act, it polls about

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<v Speaker 5>seventy percent in the state of California, and when people

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<v Speaker 5>hear more information, it goes up even more. Our first

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<v Speaker 5>order of business is to get five hundred and forty

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<v Speaker 5>six thousand signatures to put this on the November ballot.

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<v Speaker 5>We're knocking on that number right now, but understanding the

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<v Speaker 5>reality of signatures being rejected, I'd like to double maybe

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<v Speaker 5>even get to a million or more signatures in order

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<v Speaker 5>to qualify this. Without any hesitation, it'll get there. I

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<v Speaker 5>think it's also a kind of an emotional and a

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<v Speaker 5>dramatic statement that that many Californians are willing to sign this.

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<v Speaker 2>So that's the right now, and you're having an event.

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<v Speaker 2>Is that right in the Sacramento area? Tell us about that.

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<v Speaker 5>It is at the Roosevelt Automol and Suburban Sacramento tomorrow

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<v Speaker 5>from noon to four. People can come out and from

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<v Speaker 5>the comforty of your car. I'll be broadcasting live from

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<v Speaker 5>there from noon to four. Sign this petition from your car. Car.

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<v Speaker 5>You can get out and say hi and socialize whatever

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<v Speaker 5>your druthers, or you can be anonymous and not even

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<v Speaker 5>be recognized as being there. But this is a big

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<v Speaker 5>drive to get a significant number of signatures tomorrow. There'll

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<v Speaker 5>be more efforts as well.

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<v Speaker 4>Whenever these things don't pass, the things that I want

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<v Speaker 4>to pass don't pass, it's often because I feel like

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<v Speaker 4>they didn't anticipate the pushback. What a pushback do you

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<v Speaker 4>anticipate because I can't imagine what it would be.

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<v Speaker 5>Well, I anticipate that the legislature will try to create

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<v Speaker 5>something else, and they can create an initiative and put

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<v Speaker 5>it on the ballot November as a proposition without going

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<v Speaker 5>to the for a vote of the public. It will

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<v Speaker 5>be titled something like the Puppies and rainbows, right, and

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<v Speaker 5>it will look very attractive.

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<v Speaker 2>By the way.

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<v Speaker 5>They've also promised that they're going to fix this. They're

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<v Speaker 5>beginning to recognize now that they cannot deny the effect

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<v Speaker 5>of Prop. Forty seven and the reality in which people

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<v Speaker 5>are living, but cannot fix it even if they were

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<v Speaker 5>of a mind to. This was created by the voters.

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<v Speaker 5>The voters that were lied to, absolutely lied to and duped,

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<v Speaker 5>but the voters approved it nonetheless, So it takes the

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<v Speaker 5>voters to change it. And there's language in Proposition forty

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<v Speaker 5>seven that says just that paraphrasing, nothing in this can

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<v Speaker 5>be changed unless it's in furtherance of the spirit of Prop.

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<v Speaker 5>Forty seven. So to some of these changes without a

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<v Speaker 5>vote of the public would be absolutely constitutionally rejected. And

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<v Speaker 5>they know that.

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<v Speaker 2>John.

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<v Speaker 3>We love that you're fighting against this and leading the

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<v Speaker 3>charge and will certainly help any way we can. Michael,

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<v Speaker 3>our favorite new co Amla Harris clip, the one we've

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<v Speaker 3>been using lately. I think she really summons up how

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<v Speaker 3>important it is to sign this petition. Do you have

0:12:06.720 --> 0:12:10.280
<v Speaker 3>that handy Nope, he's got the oh my god, where

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<v Speaker 3>is it look on his face.

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<v Speaker 5>I'd love to hear it. Yeah and again. Remember she

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<v Speaker 5>was the Attorney general to say to California that gave

0:12:16.920 --> 0:12:19.040
<v Speaker 5>this the summary entitle that it had. Right.

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<v Speaker 2>Well, thank you for your time. We'll keep an eye

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<v Speaker 2>on it. John McGinnis, Saco County.

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<v Speaker 3>Good to talk to you, John, Thanks, Armstrong and Getty