Proposition 47 takes effect November 4, 2014 and changes sentences for low-level nonviolent crimes such as simple drug possession and petty theft from felonies (or wobblers) to straight misdemeanors. The provisions of Proposition 47 are fully retroactive, setting forth a mechanism for relief for defendants who are either currently serving sentences or have already completed their sentences.
Crimes affected by Prop. 47
- PC 459 – commercial burglary not exceeding $950 is now a misdemeanor called “Shoplifting.”
- PC 470, 471, 472, 473, 475, 476, 484f, & 484i (forgery statutes) – are now misdemeanors, unless a defendant is also convicted of identity theft under PC 530.5
- PC 476a – checks with nonsufficient funds not exceeding $950 if defendant does not have three or more priors for PC 470, 475, or 476.
- PC 490.2 – Grand theft – obtaining property by theft not exceeding $950 is now considered petty theft and a misdemeanor.
- PC 496 – Receiving stolen property is now a misdemeanor if the value of the property does not exceed $950.
- PC 484/666 – Petty theft with a prior
- H&S 11350, 11357a, 11377 – certain specified categories of drug possession are now misdemeanors
Disqualifying Priors
The above sentencing reductions to straight misdemeanors under Prop. 47 do not apply to those with one or more convictions for PC 667, subd. (e)(2)(C)(iv) which include several registerable sex offenses, homicide including attempt and solicitation, life in prison and death offenses; OR an offense requiring 290 registration.
Previously Convicted Persons/Resentencing
If a person is serving a sentence for any of the affected statutes, a person may petition for a recall of sentence before the trial court that entered the judgment of conviction. This recall of sentence will be granted unless the court finds that resentencing would pose an unreasonable risk of danger to public safety.
If you or someone you know could be affected by these changes in the law contact our office for a consultation to see if Nicholas Rosenberg can help you.
