California voters passed Proposition 47 on November 4, 2014 and it became effective immediately. Here are the types of cases affected by Proposition 47 if the defendant does not have a disqualifying prior conviction as discussed further below:
1. Commercial burglary [Penal Code section 459] is now a misdemeanor called shoplifting under Penal Code section 459.5, if
(a) the value of the property taken or intended to be taken while at that establishment during regular business hours does not exceed $950.
2. Forgery [Penal Code sections 470, 471, 472, 473, 475, 476, 484f, 484i, (subdivision b), is now a misdemeanor under Penal Code section 473 if
(a) the forgery relates to a check, bond, bank bill, note, cashiers check, traveler's check, or money order, where the value does not exceed $950, and
(b) defendant is not also convicted of identity theft under Penal Code section 530.5.
3. Non-sufficient fund checks [Penal Code section 476a, (subdivision (b)], are misdemeanors if
(a) the total amount of all checks, drafts, drawings, or utterings, does not exceed $950 and
(b) if defendant does not have 3 or more convictions under Penal Code sections 470, 475, 476, or similar out-of-state priors.
4. Grand theft [formerly Penal Code sections 484e, 484g, 484h, 487, 487a, 487b, 487d, 487i] is now Penal Code section 490.2 and a misdemeanor if
(a) the value of the money, labor, real, or personal property taken does not exceed $950.
5. Receiving stolen property [Penal Code section 496, subdivision (a)] is now a misdemeanor if
(a) the value of the property does not exceed $950.
6. Petty theft with a prior [Penal Code section 666, is now a wobbler [which means it can be charged as either a misdemeanor or a felony] if
(a) defendant is convicted of petty theft and
(b) defendant has a prior with time spent in custody for petty theft [Penal Code section 666], grand theft, auto theft, burglary, car jacking , robbery, or felony receiving stolen property, and
(c) defendant has one of the Proposition 47 disqualifiers as discussed below.
7. Drug possession in violation of Health and Safety Code sections 11350, 11357, subdivision (a), and 11377 are misdemeanors.
The Disqualifying Prior Convictions which will prevent a defendant from taking advantage of Proposition 47 include:
(a) one or more prior convictions listed under Penal Code section 667, subdivision(e)(2)(C)(iv). These include the following crimes:
(I) A "sexually violent offense" as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code,
(II) Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than he or she as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than he or she as defined by Section 286, or sexual penetration with another person who is under 14 years of age, and who is more than 10 years younger than he or she, as defined by Section 289.
(III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288.
(IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive.
(V) Solicitation to commit murder as defined in Section 653f.
(VI) Assault with a machine gun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245.
(VII) Possession of a weapon of mass destruction, as defined in
paragraph (1) of subdivision (a) of Section 11418.
(VIII) Any serious and/or violent felony offense punishable in California by life imprisonment or death.
or
(b) an offense requiring registration under Penal Code section 290, subdivision (c). These include the following:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c,subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2,
Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
If you or someone you know has a case pending before the court, or a probation violation for one of the crimes listed above, affected by Proposition 47, you should notify your lawyer immediately.
If you have an old case affected by Proposition 47, you may petition the court to have the old conviction reduced to a misdemeanor if you do so within 3 years of the passage of Proposition 47.
If you have a case in the Los Angeles metro area, and would like me to recommend an experienced criminal defense attorney, or you are criminal defense attorney and would like help preparing a motion, you can contact me at esserlaw@gmail.com
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copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established when a written retainer has been signed.
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