DOES PROP 47 APPLY TO ME?
On November 4, 2014, California voters passed Proposition 47, a law that reclassifies many theft and drug-related felonies to misdemeanors. Misdemeanors are generally punishable from six months to a year in jail.
You may be eligible to have your felony conviction reclassified to a misdemeanor and be resentenced. To qualify for Prop 47 relief, you must:
- have a qualifying Prop 47 felony (see #1 below), AND
- not have certain prior convictions (see #2 below).
1. PROP 47 ELIGIBLE OFFENSES:
- Commercial burglary of a store during business hours ($950 or less) (PC § 459)
- Forgery of check, bank note, or other financial instruments ($950 or less) (PC § 473)
- Check fraud/bad checks ($950 or less) (PC § 476a)
- Grand Theft (if $950 or less) (PC § 487)
- Receiving Stolen Property (if $950 or less) (PC § 496)
- Grand/Petty Theft with a Prior (PC § 666)
- Possession of Concentrated Cannabis (HS § 11357(a))
- Possession of Methamphetamine (HS § 11377)
- Possession of Cocaine or Heroin (HS § 11350)
2. PRIOR CONVICTIONS THAT WILL MAKE YOU INELIGIBLE FOR PROP 47 RELIEF:
- Murder or Gross Vehicular Manslaughter (including attempted) (PC 187-191.5)
- All sex crimes requiring mandatory registration under 290(c), including attempts/conspiracies (e.g., rape, molest, sodomy, sexual battery, indecent exposure, possession child porn, pimping & pandering, etc.)
- Assault on police officer/firefighter with machine gun (PC 245(d)(3))
- Solicitation to commit murder (PC 653f/187)
- Possession of weapon of mass destruction (PC 11418(a)(1))
- Any serious or violent felony punishable by life in prison or death.
3. WHAT HAPPENS IF I AM SERVING A SENTENCE ON A PROP 47 OFFENSE AND THINK I AM ELIGIBLE?
- If you are currently serving a sentence on a Prop 47 offense, you must petition the court to be resentenced. The Public Defender will assist you.
- Contact the Public Defender's Prop 47 Petition line at: (408) 299-7747, OR
- Send a letter requesting Prop 47 assistance to the Public Defender:
Public Defender Office
Attn: Prop 47
120 W. Mission St.
San Jose, CA 95110
- After your petition is filed, the District Attorney (DA) will review your file, and may simply agree that you should be resentenced.
- If the DA objects to resentencing, a hearing in court will be held to determine (1) whether you are eligible and/or (2) whether you pose an "unreasonable risk to public safety."
4. WHAT HAPPENS IF I COMPLETED MY SENTENCE ON A PROP 47 OFFENSE?
- If you already completed your sentence on a Prop 47 offense, you may apply to have your felony designated a misdemeanor.