Prop 47

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:

1. have a qualifying Prop 47 felony (see #1 below), AND
2. 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.

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