Yesterday a clear majority of California voters passed Proposition 47, the “Safe Neighborhoods and Schools Act.”
In a nutshell, here is what Prop 47 does to criminal law in California:
Prop 47 changes some California crimes from potential felonies to misdemeanors.
These crimes include:
- Grand theft auto and grand theft firearm IF the car or gun that is stolen is worth $950 or less;
- Check fraud if the bad check(s) are for $950 or less;
- Receiving stolen property where the property is worth $950 or less; and
- Possession of a controlled substance.
In addition, Prop 47 gets rid of the concept of petty theft with a prior.
2025 UPDATE: Now that Proposition 36 has passed, a third-time theft offense can be a felony carrying up to three years of incarceration. Also, if you are facing charges for possession of hard drugs such as fentanyl, heroin, cocaine, or methamphetamine – and you already have two prior drug convictions – you may get charged with a “treatment-mandated felony.” Upon successful completion of treatment, the charge gets dismissed. Otherwise, you face up to three years of incarceration.
Prop 47 does not apply if you have certain violent felonies or sex crimes on your record.
The reduced sentences under Proposition 47 will not apply to:
- defendants who have certain serious violent felonies on their record, or
- defendants who have been convicted of sex crimes that require them to register as a sex offender.
Prop 47 allows you to apply for resentencing if your sentence is affected by the new law.
If you are currently serving OR have completed a felony sentence for any of the crimes listed above, you can apply to have your conviction reduced to a misdemeanor–and your sentence reduced accordingly.
In short, Proposition 47 represents a welcome move in our state away from a mindless “tough on crime” approach. Our criminal defense attorneys are eager to help defendants and inmates understand their rights under the new law.
