California Proposition 47

What is California Proposition 47?

The proposition that passed into law reduced the classification of most “non-serious and nonviolent property and drug crimes” from a felony to a misdemeanor.

What does Proposition 47 Do?

• Classifies “non-serious, nonviolent crimes” as misdemeanors instead of felonies unless the defendant has prior convictions for murder, rape, certain sex offenses or certain gun crimes.
• Permits re-sentencing for those currently serving a prison sentence for any of the offenses that the initiative reduces to misdemeanors. Under Proposition 47, 10,000 inmates are eligible for re-sentencing, according to Lenore Anderson of Californians for Safety and Justice.
• Requires a “thorough review” of criminal history and risk assessment of any individuals before re-sentencing to ensure that they do not pose a risk to the public.
• Creates a Safe Neighborhoods and Schools Fund. The fund is set to receive appropriations based on savings accrued by the state during the fiscal year, as compared to the previous fiscal year, due to the initiative’s implementation. Estimates range from $150 million to $250 million per year.
• Distributed funds from the Safe Neighborhoods and Schools Fund as follows: 25 percent to the Department of Education, 10 percent to the Victim Compensation and Government Claims Board, and 65 percent to the Board of State and Community Correction.

Which crimes are affected?

• The measure requires misdemeanor sentencing instead of felony for the following crimes:
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs

If you believe that Prop 47 may impact a past or pending conviction, call the Law Offices of Sara D. Bratsch, today!