Prop 47 allows certain drug possession and theft-related convictions to be reduced to misdemeanors

  • Shoplifting, i.e., commercial Burglary of $950 or less of a store during business hours (Penal Code section 459)
  • Forgery of $950 or less (Penal Code section 470-476)
  • Fraud/Bad Checks of $950 or less (Penal Code section 476a)
  • Grand Theft of $950 or less (Penal Code section 487)
  • Petty Theft/Shoplifting of $950 or less (Penal Code sections 484, 484/666)
  • Possession of Methamphetamine (Health & Safety Code section 11377)
  • Possession of Controlled Substance such as heroin or cocaine (Health & Safety Code section 11350)
  • Receiving Stolen Property of $950 or less (Penal Code section 496)

Proposition 47 added Penal Code section 1170.18 , which authorizes persons currently serving sentences for felony convictions that are now misdemeanors under the proposition to petition courts for recall of sentence and resentencing under the new laws.  Persons with one or more prior convictions for violent felonies listed under Penal Code section 667(e)(2)(C)(iv) or for a sex offense that requires registration under Penal Code section 290(c) are not eligible for resentencing.

Section 667(e)(2)(c)(iv) lists the following offenses, or “super strikes”:

  • A “sexually violent offense” as defined in Welfare & Institutions Code section 6600(b).
  • Any homicide offense, including any attempted homicide offense, defined in Penal Code sections 187 to 191.5.
  • Solicitation to commit murder as defined in Penal Code section 653f.
  • Assault with a machine gun on a peace officer or firefighter, as defined in Penal Code section 245(d)(3)
  • Possession of a weapon of mass destruction, as defined in Penal Code section 11418(a)(1).
  • Any serious or violent felony offense punishable in California by life imprisonment or death.”

Petitions for resentencing must be filed in the court of conviction by November 4, 2022 “or at a later date upon a showing of good cause. If the court determines that the petitioner is eligible for resentencing, the court must recall the sentence and resentence the petitioner under the new misdemeanor provisions “unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.”   This phrase has been narrowly defined as an unreasonable risk that the petitioner will commit a new violent felony within the meaning of section 667(e)(2)(C)(iv).

Resentencing cannot result in the imposition of a term that is longer than the original sentence.

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