November 13, 2023

Proposed Initiative Enters Circulation

Increases Prison Sentences and Requires Warning about Possible Homicide Charges for Distributing Certain Drugs Resulting in Death.
Initiative Statute.

SACRAMENTO, CA – Secretary of State Dr. Shirley N. Weber announced that the proponent of a new initiative was cleared to begin collecting petition signatures on November 9, 2023.

The Attorney General prepares the legal title and summary that is required to appear on initiative petitions. When the official language is complete, the Attorney General forwards it to the proponent and to the Secretary of State, and the initiative may be circulated for signatures. The Secretary of State then provides a calendar of deadlines to the proponent and to county elections officials. The Attorney General’s official title and summary for the measure is as follows:

INCREASES PRISON SENTENCES AND REQUIRES WARNING ABOUT POSSIBLE HOMICIDE CHARGES FOR DISTRIBUTING CERTAIN DRUGS RESULTING IN DEATH. INITIATIVE STATUTE. Creates new mandatory minimum of 10- to 12-year prison sentence—in addition to possible homicide charges—for distributing certain opiates that cause a user’s death, and makes such offense subject to enhanced penalties under Three Strikes Law. Requires courts to advise individuals convicted of drug offenses for specified drugs (including fentanyl, heroin, cocaine, methamphetamine, and PCP) that they can be charged with homicide in the future if someone dies from taking a drug they provide. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state criminal justice system costs likely in the tens of millions of dollars annually, primarily due to an increase in the state prison population. Reduced county criminal justice system costs likely in the millions of dollars annually, primarily due to a reduction in the number of people in county jail and under county community supervision. (23-0023A1.)

The Secretary of State’s tracking number for this measure is 1965 and the Attorney General's tracking number is 23-0023A1.

The proponent of the measure, Matthew Capelouto, must collect signatures of 546,651 registered voters (five percent of the total votes cast for governor in the November 2022 general election) in order for the measure to become eligible for the ballot. The proponent has 180 days to circulate petitions for the measure, meaning the signatures must be submitted to county elections officials no later than May 7, 2024. The address for the proponent is c/o Richard Temple, 2121 Natomas Crossing Drive, Suite 200-313, Sacramento, CA 95834-3848. The proponent may also be contacted at and (916) 447-8186. 


CONTACT: SOS Press Office
(916) 653-6575