Check out our latest blog on proposition 47

What Changes to Criminal Law And Procedure Did Proposition 47 Bring About?

California voters approved Proposition 47.  The changes enacted by this measure are effective as of November 5, 2014 (Cal Const. Art. 2, Sec. 10.)  Numerous drug and theft-related crimes that were previously felonies or “wobblers” are now misdemeanors, unless committed by “Prop 47 Ineligible” criminals – namely, 290(c) registrants, and those with a prior for the very serious crimes listed in Penal Code §667(e)(2)(c)(iv) – such as homicide offenses and crimes punishable by death or by life in prison.

In addition to these reductions, Prop 47 also enacted new Penal Code §1170.18, which sets forth procedures for those previously convicted and sentenced for a felony that is now a misdemeanor under this proposition to petition for resentencing under the misdemeanor  provisions.  Unless a court determines that the person poses an “unreasonable risk” of committing one of the crimes listed in Penal Code §667(e)(2)(c)(iv), the petitioner will get resentenced, and his/her conviction will be deemed a misdemeanor for all purposes, except possessing firearms.

Except as to “Prop 47 Ineligible” individuals, the following are now misdemeanors:

Theft Related Crimes:

PC §459.5 – The new misdemeanor crime of “shoplifting” is entering a commercial establishment, during business hours, with the intent to steal, where the value does not exceed $950.  “Shoplifting” as defined may not be charged as theft or burglary.

PC §473(b) – Forgery of checks and related instruments of not more than $950.

PC §476a – Non Sufficient Fund (NSF) checks totaling not more than $950 (unless 3 or more specified priors).

PC §490.2 – Grand theft (any form) not more than $950.

PC §496(a) – Receiving/Concealing stolen property not more than $950.

PC §666 – “Wobbler” “petty theft with a prior” applies only to “Prop 47 Ineligible” defendants with specified priors, and certain elder abusers.  For all other defendants, petty thefts are misdemeanors, regardless of the number of priors.

Except as to “Prop 47 Ineligible” individuals, the following are now misdemeanors:

Drug Related Crimes:

H&S §11350 – Simple possession of heroin, cocaine, and other listed controlled substances.

H&S § 11357(a) – Simple possession of concentrated cannabis.

H&S §11377 – Simple possession of methamphetamine, ecstasy, GHB, and other listed controlled substances.

 

If you have any questions or would like to petition the court for resentencing, please call us at (805) 330-1529.