California Prop 47 – Misdemeanors

With the passage of Prop 47 in California (The Safe Neighborhoods and Schools Act), a fair number of crimes previously identified as felonies or “wobblers” (a “wobbler” is a crime that can be prosecuted as a felony or a misdemeanor) have been demoted to misdemeanors, unless committed by a “Prop 47 Ineligible” person.

What is a “Prop 47 Ineligible” person?
From what I’ve read, anyone listed as a PC 290(c) registrant (sex offender) or who has committed a crime listed under PC 667(e)(2)(c)(iv) (any serious and or violent felonies, anything generally punishable by death or life in prison) is considered “Prop 47 Ineligible.”

 
So for all eligible persons, the following are now misdemeanors in the State of California:

PC 459.5 New crime of “shoplifting”: Entering a commercial establishment, during business hours, with intent to steal, where value does not exceed $950
PC 473(b) Forgery of checks and related of not more than $950 is a misdemeanor
PC 476a Non-sufficient funds checks totaling not more than $950 is a misdemeanor (unless 3 or more specific priors)
PC 490.2 theft of any type where the value does not exceed $950 will be considered petty theft and is a misdemeanor – this change also affects the theft of firearms (of less than $950 in value), previously a felony
PC 496(a) Receiving/Concealing stolen property totaling not more than $950 is a misdemeanor
PC 666 The crime of “petty theft with a prior,” a “wobbler” (felony or misdemeanor) applies only to “Prop 47 Ineligible” individuals with specific priors. For all other individuals, petty thefts are misdemeanors, regardless of the number of priors.
H&S 11350 Simple possession of heroin, cocaine, and other listed controlled substances is a misdemeanor
H&S 11357(a) Simple possession of concentrated cannabis is a misdemeanor
H&S 11377 Simple possession of methamphetamine, ecstasy, GHB, or other listed substances is a misdemeanor

 

There are obviously a lot more changes and things going on with Prop 47 than I want to write out, but you can read the full proposition and a complete list of changes, here, California Prop 47 (The Safe Neighborhoods and Schools Act).

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