Agenda Item No. 8
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VIT" Biel 1Y.111 C1,14 01 i0l EM
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Acting City Managery,?,
Shane Massoud, Public Information Officer/Grant Coordinator FOR: City Council Meeting of February 27, 2023
SUBJECT: Assembly Bill 335 — Proposition 47 Repeal
it 1•. 1910
That City Council review and approve a letter of support for Assembly Bill 335 by Assemblymember Juan Alanis (R-Modesto) to repeal Proposition 47.
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California's Proposition 47 (Prop. 47) also known as the "The Safe Neighborhoods and Schools Act" was passed by the voters of California in November 2014 which downgraded a range of drug and propel ty offenses from felonies to misdemeanors. Prop. 47 was constructed to affect the flow of individuals into justice system custody by reducing punishments, downgrading certain offenses from felonies to misdemeanors, legalizing some types of drugs, and increasing the use of noncustodial sanctions such as diversion or probation.
The goals of Prop 47 are to concentrate prison spending on the most violent and serious offenses; to maximize alternatives for nonserious, nonviolent crimes; to invest the savings generated from the proposition into community prevention programs; and to support recidivism reduction.
Prop 47 implemented three changes to California's felony sentencing laws:
1. Theft and drug possession offenses: Changed certain theft and drug possession offenses from felonies to misdemeanors, except for persons with certain prior convictions.
2. Resentencing: Authorized defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions.
3. Reclassification: Authorized defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.
79 In addition to reclassifying felony drug possession, California's Prop 47 also classifies five property offenses for which the dollar value is less than $950 as misdemeanors: 1) theft, 2) receiving stolen property, 3) shoplifting, 4) check forgery, and 5) writing bad checks. Before passage of the proposition, these offenses could be charged as either felonies or misdemeanors.
Prop 47 applies to individuals sentenced after November 2014 and retroactively to individuals already serving prison or jail sentences at the time of passage, although judges have the authority to deny petitions for resentencing.
As of September 2022, there had been approximately 398,013 reported petitions for resentencing and/or reclassification under Proposition 47.
DISCUSSION:
According to the 2021 Criminal Justice Statistical Report (Report), which is released by California Attorney General Boma, property and violent crimes continue to have devastating consequences for communities across the state. The 2021 report indicates that the property crime rate increased 3% from 2,114.4 in 2020 to 2,178.4 in 2021. In addition, the violent crime rate (the number of violent crimes per 100,000 people) increased 6.7% from 437 in 2020 to 466.2 in 2021. Based on the information presented in the report, it appears that the report does not address the potential reporting issues that may have occurred as a result of the COVID- 19 Pandemic.
The San Bernardino County Community Indicator Report highlights that the property crime rate decreased by 10% between 2018 and 2019 and the violent crime rate increased by 15% during the same one-year period. Because property crimes account for most crime, the overall crime rate declined by 6% between 2018 and 2019. During this same period, the number of homicide victims increased from 126 to 147. Additionally, the five-year violent crime trend is up in the County, increasing 19% between 2015 and 2019. Specifically, since 2015, the rate of rape increased 38%, while the homicide rate increased 31%, the aggravated assault rate increased 24%, and the robbery rate increased 4%.
With the 2023-2024 California Legislative Session underway, there are multiple efforts to pass meaningful legislation that will address the surging crime rates in the state. Assembly Bill 335 — Proposition 47 Repeal, authored by Assemblyman Juan Alanis (R-Modesto) is one piece of legislation currently working its way through the legislative process. AB 335 would specifically repeal the changes and additions made by Prop. 47, except those related to reducing the penalty for possession of concentrated cannabis, due to marijuana becoming legal in California after Prop. 47 was passed.
This bill, if approved by the State legislature, would place a ballot initiative on the next statewide general election in 2024 for voters' approval. The bill has been referred to the Assembly Committee on Public Safety and is anticipated to be heard on March 2, 2023.
ATTACHMENTS:
Letter of Support to Assemblymember Alanis
Assembly Bill 3315
Proposition 47
Criminal Justice Statistical Report for 2021
PHO
CITY
OF
February 27, 2023
Honorable Assemblymember Juan Alanis
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0022
Dear Assemblyinember Alanis:
On behalf of the City of Yucaipa, we write in support of Assembly Bill 335, As you are aware, California's Proposition 47 implemented three broad changes to felony sentencing laws.
First, it reclassified certain theft and drug possession offenses from felonies to misdemeanors. Second, it authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions. Third, it authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.
With such a significant change to felony sentencing laws, communities across our California are dealing with the devastating consequences of rising increase in crime rates as a result of Prop. 47.
Assembly Bill 335, if passed, will once again equip our public safety officials with the necessary resources and tools to combat this alarming crisis.
We thank you for your continued support and efforts to repeal Prop. 47.
Sincerely,
Justin Beaver
Mayor
Jon Thorp
Matt Garner
Mayor Pro Tern
Chris Venable
Councilmember Councilmeniber Councilmember
cc: Senator Rosilicie Ochoa Bogh, Via FAX No. (916) 651-4023 Laura Varela, League of California Cities, [email protected]" Meg Desmond, League of California Cities, mdesi-nond(Li)calcities.or Jason Gonsalves, Joe A. Gonsalves & Son, jasoiiL '�)gonsalvi.corq City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-79' -F489
Bill Text 'AB-335Proposition 47:repeal.
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Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SHARE THIS- Date Published: 01/30/2023 09:00 PM
CALIFORNIA
LEGISLATURE— 2023-2024REGULAR SESSION
ASSEMBLY BILL NO.
Erntroduced by Assembly Member Alanis
(Coauthor, Senator Alvarado -Gil)
An act to repeal Chapter 33 (commencing with Section 7599) of Division 7 of Title 1 of the Government Code, to amend Sections 11350 and 11377 of the Health and Safety Code, and to amend Sections 473, 476a, 496, and 666 of, and to repeal Sections 459.5, 490.2, and 1170.18 of, the Penal Code, relating to AB 335, as introduced,Alanis. Proposition 47: repeal.
The Safe Neighborhoods and Schools Act enacted as an initiative statute by Proposition 47, as approved by the electors atthe November 4, 2014, statewide general election, made various changes relating to theft and the possession of controlled substances including by, among other things, generally reducing the penalty for those crimes' including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the savings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the manner of distribution of those funds and the purposes for which they may be used.
This bill would repeal the changes and additions made by Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis. This bill would provide that it would become effective only upon approval of the voters,and would provide for the submission of this measure to the voters for approval at the next statewide general election.
Vote: majority no Fiscal Committee: yes Local Program: no SECTION 1. Chapter 33 (commencing with Section 7599) of Division 7 of Title 1 of the Government Code is SEC. 2.Section 1135Onfthe Health and Safety Code isamended boread:
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of Yucaipa, CA/City Mpnoger-Duouments/ShaneMnonoud/CltyCound Bill 33s/, 1/7
Bill Text -AB'%35Proposition 47: repeal.
11350. (a) Except as otherwise provided in this division, who possesses (1) any controlled substance specified in subdivision-J-bJ-,-ft)-,l, (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonmen ........... . , — one yeet�-�ecpl. that sueh-pe, punished pursuant to subdivision (h) of Sectio 1 70 of the Penal Code if that ne-on has ane orior convietions for an offense sneeifie 1 in elft,tsp H ) of stjbo�� (b) Except as otherwise provided in this division, every person who possesses any controlledsubytance specified in subdivision (e)mSection 11054 shall oepunished oyimprisonment macounty jail for not more than one year, or pursuant tosubdivision (h)mfSection 1170ofthe Penal Code. rl
1301
(c) Except as otherwise provided in this division, whenever who possesses any of the controlled substances specified in subdivision--�a�, (a) or (b), the judge may, in addition to any punishment provided for pursuant tosubdivision (a) assess against that personafine not toexceed seventy dollars O) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of -his -or -her their inability topay the fine permitted under this subdivision. fe�
(c) Except in unusual cases in which it would not serve the interest ofjustice to do so/ whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may beimposed, the following conditions ofprobation shall beordered:
(1) For a first offense under this section, a fine ofat least one thousand dollars ($1,800) or community service. (2) For a second ,m,subsequent offense under this section, a fine of at least two thousand dollars C$2,000O or community service.
(3) If defendant dues not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall beordered inlieu ofthe fine.
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(e) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a)ifboth ufthe following apply:
(l) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is todeliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
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(f)This section does not permit the use ofa controlled substance bya person other than the prescription holder or permit the distribution orsale ofacontrolled substance that |sotherwise inconsistent with the prescription.
SEC. 3.Section 11377ofthe Health and Safety Code |samended toread:
,,37z(a)Exceptasauthorbedbylawandasotherwiseprovidedinsubdiv|sion(b)orSecton11375,orinArbce7 (commencing with Section 4211) of Chapter 9 of Division 2ofthe Business and Professions Code/ every person who possesses any controlled substance which i(1)classified in Schedule7II, IV, or V, andwhch is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished , ISVM may be
by imprisonment in a county jail for a period of not more than one year, except th--' or
pursuant hmsubdivision /h/ofSection 1170ofthe Penal Code, | 83
file:WC:/Users/smassoud/City of Yucaipa, CA/City Manage ' Mauaoud/City Council Bill 35- 2/7
Bill Text -Aa-33sProposition 4rrepeal.
(b) violates subdivision by unlawfully possessing a controlled substance specified in subdivision (f) of Section 11056, and who has not previously been convicted of a violation involving a controlled substance specified in subdivision (f) of Section 11056, is guilty of a misdemeanor. (2) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (g)ofSection 11056ieguilty mfamisdemeanor.
(3) Any person who violates subdivision unlawfully possessing a controlled substance specified in paragraph (7) or (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor. (4) Any person who violates subdivision controlled substance specified in paragraph (8) of subdivision (f) of Section 11057 is guilty of a misdemeanor. (c) In addition to any fine assessed under subdivision the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take intoconsideration the defendant's ability to pay, and no defendant shall be denied probation because of-his-tx4rer±heir inability to pay the fine permitted under this subdivision.
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(d)It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2)The sole 'intent ofthe possessor istodeliver the prescription tothe prescription hp|derforKsprescrbeduse or to discard the substance in a lawful manner,
/eJThis section does not permit the use ofacontrolled substance bya person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.
SEC. 4. Section 459.5 of the Penal Code is repealed.
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SEC. 5LSection 473ofthe Penal Code isamended toread:
473. fa -)Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant tnsubdivision (h)ofSection 1178.
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SEC. 6. Section476a of the Penal Code isamended to read:
*76" (e) Any person who themselves, aothe agent or representative of another, or as an ���a��o��,�|�|�w��tent to' defraud, makes mdraws orutters ordelivers a check, draft, or order ebank ordepositary, aperson, a firm, corporation, for the paymentufmoney, knowing atthe time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, orcredit with the bank or depositary, person, firm, or corporation, for the payment ofthat check, draft, ororder and all other checks/ drafts, or orders upon funds then outstanding, in full upon its presentation, although no | 84
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Bill Text - Aa-335Pmposition 47:mpeal.
express representation is made with reference |e imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170. (b)However, ifthe total amount ofall checks, drafts, or orders that the defendant ischarged with andconvicted of making, drawing, or uttering does hundred fifty dollars ($450), the offense is punishable only by imprisonme t in the county jail for not more than one Y'.., exeept that stieh year. This subdivision shall
not beapplicable ifthe defendant has previously been convicted a violation ofSection 470, 475, or 476, or of this section, or of the crime or petty theft in case in which defendant's offense was a violation also of Section 470, 475, or 476 or of this section or if the defendant has previously been convicted of any offense under the laws orany other state ororthe United States which, if committed in this state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or if --he the defendant has been so convicted of the crime of petty theft in a case in which, if defendant's offense had been committed in this state, it would have been aviolation also ofSection 470,475,or476,orof'this section. (c) Where the check, draft, or order is protested on the ground of insufficiency of funds or credit, the notice of protest shall be admissible as proof of presentation, nonpayment, and protest and shall be presumptive evidence of knowledge of insufficiency of funds or credit with the bank or depositary, person, firm, or corporation. (d) In any prosecution under this section involving two or more checks, drafts, mrorders, it shall constitute prima facie evidence of the identity of the drawer of a check, draft, or order if both of the following occur:
(1) When the payee accepts the check, draft, or order from the drawer, lie or she the payee obtains from the drawer the following information: name and residence of the drawer, business or mailing address, either a valid driver's license number or Department of Motor Vehicles identification card number, and the drawer's home or work phone number or place of employment. That information may be recorded on the check, draft, or order itself or may be retained on file by the payee and referred to on the check, draft, or order by identifying number or other similar means.
(2) The person receiving the ororder witnesses the drawer's signature orendorsement, and,es evidence ofthat, initials the check, draft, ororder atthe time ofreceipt. (e) The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, person, firm, or corporation for the payment of a check, draft, or order. (f) If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder of this section shall not thereby be invalidated, but shall remain in full force and effect. (g) A sheriffs department, police department, or other |avv enforcement agency may collect a fee from the defendant for investigation, collection, and processing of checks referred to their agency for investigation of alleged violations ofthis section orSection 47G.
(h)The amount of the fee shall not exceed twenty-five dollars ($25) for each bad check, in addition to the amount ofany bank charges incurred by the victim as a result of the alleged offense, If the sheriff's department,police department, or other law enforcement agency collects a fee for bank charges incurred by the victim pursuant to this section, that fee shall be paid to the victim for any bank fees the vk±irn may have been assessed. In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten dollars ($1O) per check.
SEC. 7.Section 490,2ofthe Penal Code isrepealed.
SEC. Q.Section 496ofthe Penal Code isamended toread:
496. (a)Every person whobuys or receives any propertythat has been stolen that has been obtained in any
Bill Text -4e-33nProposition 47: repeal.
offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one-year,-ff-sttth Aprincipal inthe actual theft ofthe property may beconvicted pursuant tothis section, However, noperson may be convicted both pursuant Lothis section and of the theft of the same property, (b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Coda, and every person whose principal business isdealing in, or collecting, merchandise or personal property, and every agent employee, or representative of that person,who buys or receives any property of a value in excess of nine hundred 5fq/ dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry,shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant bosubdivision (h)nfSection 1178.
Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.
(c)Any person who has been injured by a violation of subdivision (a) or (b)may bring an action for three times the amount ofactual damages, if any, sustained by the plaintiff, costs ofsuit, and reasonable aLborney'sfees. (d) Notwithstanding Section 664, any attempt commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by bdi ision(h)pfSectioo1170.
SEC. 9.Section 6G6ofthe Penal Code <samended toread:
666. (a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, qrand theft', a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor i n any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding Section 480any person described been convicted of petty theft, grand theft, e conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. (1) This subdivision shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in M) 01 subdivision (dufSection 667. 5orsubdivision (c)ofSection 1192.7 fe)
(2) Ths—seetk�ft subdivision shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.
SEC.10. Secti»n1D0.18 of the Penal Code isrepealed,
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Bill Text - AB-335 Proposition 47: repeal.
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2/15/233:45HM Bill Text ,AB-335Proposition 4rrepeal.
L I ICU tinder this seetion does 110L F.-de ent tirme to SEC. 11. Sections I to 10, inclusive, of this act amend the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide election, and shall become effective only when submitted to and approved by the voters. The Secretary ofState shall submit Sections tto1U,inclusive, of this act for approval by the voters at a statewide election in accordance with Section g040ufthe Elections Code.
08 of Yucaipa, CA/City Mwoager- Maom,udx3ty Council MeoU mye0335., 7/7
2/15/23, 3:48 PM Proposition 47: The Safe Neighborhoods and Schools Act - criminal_justice Cancel
CY'-,,.L1FORN1A COURTS
THE JUDICIAL BRANCH OF CALIFORNIA
Proposition 47: The Safe Neighborhoods an
Schls Act I••
Proposition 47 implemented three broad changes to felony sentencing laws. First, it reclassified certain theft and drug possession offenses from felonies to misdemeanors. Second, it authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions. Third, it authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.
Felony convictions resentenced or reclassified as misdemeanors under the proposition are considered misdemeanors for all purposes, except that such relief does not permit the person to own, possess, or have in his or her custody or control any firearm.
California superior courts received more than 200,000 petitions for resentencing or applications for reclassification during the first 13 months after voters approved Proposition 47. A report prepared by Judicial Council staff, highlights the impacts of the ballot measure on the courts during the first year of implementation.
Proposition 4 7 created new misdemeanors and reclassified several felony theft offenses as misdemeanors.
The new misdemeanor provisions do not apply to persons with one or more prior convictions for offenses under Penal Code section 667(e)(2)(C)(iv) or for sex offenses that require registration under Penal Code section 290(c). The new provisions include:
Shoplifting. The proposition added Penal Code section 459.5 to create a new misdemeanor offense called "shoplifting," punishable by up to 6 months in county jail. Shoplifting would be defined as "entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours" where the value of the property does not exceed $950. Any other entry into a commercial establishment with intent to commit larceny is burglary. Any act of shoplifting as defined above must be charged as shoplifting. No person charged with shoplifting may also be charged with burglary or theft of the same property.
89 https://www.courts.ca.gov/prop47.htm?print=l 1/4
2/15/238:48PM Proposition 4rThe Safe Neighborhoods and Schools Act 'orimmaljveti=e Forgery. Before Proposition 47, forgery under Penal Code section 473 was a wobbler offense.
Proposition 47 reclassified forgery of specified instruments involving $950 or less as exclusively a misdemeanor. The misdemeanor provision is not applicable to any person convicted both of forgery and Insufficient Funds. Before Proposition 47 eviolation cfPenal Code section 47Gawas avvnbWer offense, except that the offense was strictly amisdemeanor ifthe total underlying amount did not exceed $450,unless the person was previously convicted ofone cfseveral specified theft offenses. Proposition 47 increased the total threshold amount for misdemeanors from $450 to $950 and increased the number ofdisqualifying prior convictions from one hm"three orrnoea." Petty Theft. Proposition 47added Penal Code section 4SO.2boexpressly define petty theft ee"obtaining any property bvtheft where the value ofthe money, labor, real orpersonal property taken" does not exceed $950.This new definition mfpetty theft applies notwithstanding Section 487"or any other provision oflaw defining grand dleft.''(Pen. Code, G49O.2(a)]Aesuch, the new definition ofpetty theft appears toapply regardless of how specific categories of property are treated under separate statutes, This new provision isnot applicable tVany theft that may be charged esaninfraction "pursuant tUany '
other provision of law."
Receiving Stolen Property. Before Proposition 47, a violation of Penal Code section 496 was a wobbler offense, except that if the value of the property did not exceed $950� the district attorney or grand jury could specify the offense as exclusively a misdemeanor "in the interests of justice." Proposition 4 7 rendered a// violations of section 496 that do not exceed $950 as strictly misdemeanors, eliminating prosecutorial discretion to charge those offenses aefelonies.
Petty Theft with aPrior. For most defendants, Proposition 47eliminated the offense ofpetty theft with a prior under Penal Code section 666 by narrowing the category of persons subjecttopunishment under that section to only include persons required to register under the Sex Offender Registration Act, persons with priorvio|entornehouofa|VnyoomvioUonsunderseotinnGG7.5(*)(2)KC\Uv>,andpersona convicted of Penal Code section 368(d) or (e) [specified theft crimes involving elder or dependent adults].
Proposition 47 also reclassified drug possession offenses under Health and Safety Code sections 11350, 1 cannabis], and 11377 as strictly misdemeanors punishable by up to one year in county jail. As with the theft offenses, these new misdemeanor provisions do not apply to persons with one or more prior convictions for offenses specified under Penal Code section O67(*)C8/C\Uv\orfor asex offense that requires registration under 'Penal Code section 280(o).
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Proposition 47added Penal Code section 117O18toauthorize persons currently serving sentences for felony convictions that are now misdemeanors under the proposition to petition courts for recalls of smntenoosand to request resentencing under the new laws (Pen. Code § 11 70.18(a).), except that persons with one or more prior convictions for offenses listed under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 29O(c)are not eligible for reSentendng (pen.Code, §117O.|8(i)')
2M5/233:48PN Proposition 47:The Safe Neighborhoods and Schools Act -ohminaUustwa Petitions for nanentencjnQ must be filed within three years after the effective date of the new laws "or at a later date upon ashowing of good cause," (Pen. Code 8110180).)Petitions must be filed with the trial court that entered the original judgment un|eamthai'udgeiaunev@Ueb|e,hlvvhiohceaethepread|ngjudQennuot' designate another judge hmrule onthe petition. /Pen.Code, §117O.18(a).(1)^\ 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." 0Pen.Code, § The phrase "unreasonable risk of danger tmpublic safety" iadefined narrowly maanunreasonable risk that the petitioner will commit anew violent felony within the meaning of section 667(e)(2)(C)(iv).0Pen.Code, § Persons who are resentenced must be givencredit for time served and are subject hoa period ofparole for one year under section 30O{0B"unless the court, in its discretion, as part ofits resentencingurder, releases the Resentemcingnlaynot result in the impositionofaterm that kslonger than the original sentence. (Pen. Code,§ 1170.18(e)jAreeentendnghearing isconsidered o" ctionre|aasepmceeding"umerArtide|' Section 28(b)(7)ofthe California Constitution UNarsy'sLaw4.
Reclassifying Convictions
Proposition 47also authorizes persons who have completed their sentences for felony offenses that would have qualified as misdemeanors under the new laws to apply for aneduction of their felony conviction to a misdemeanor. (Pen,Code, §1|7O,|8(f)>Persons with one urmore priorconvictions for offenses listed under section SG7(e)/2XC)(k/)orfor a sex offense that requires registration under section 290(c) are not eligible for reclassification. (zen.Code, §117O.18(i).)
Aswith the resentencing provisions explained above, applications for reclassification must be made with the trial court that entered the original judgment unless that judge is unavailable, in which case the presiding judge must designate another judge torule onthe petition. (Pen.Code §1l7O.18(f) (1).)All applications must be filed within three years of the effective date of the new laws "or at a later date upon a showing Vfgood caUee^" If the court determines that the person is eligible for reduction, the court must designate the felony offense as misdemeanor. /Pen.Code, §117O"|8(o).\Unlike the reaenteU ^ provisions under section 1178,18ka. reductions to misdemeanors do not hinge on considerations of an "unreasonable risk of danger to public safety."
Unless requested bvthe applicant, no hearing ianecessary togrant Vrdeny an application.(Pen.Code, § 117O.18' '
-
(Updated January 2023)
9|
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2/15/23, 3:48 PM Proposition 47: The Safe Neighborhoods and Schools Act - criminal_justice 92 https://www.courts.ca.gov/prop47.htm?print=1 4/4
Proposition 47 Data Summary Report
Re. oortedPetitions
for ResentencitsltarmWVor Reclassilkation under Proposition 47,6y Repartink Period
Resententing Reelas3Fticxtit600
Juvenile Petitions
quafter/Allo.th
IcountI.S reporting
petitions Applications
for RelietA
Totat
Nws Det2014
56 53,597
6,141a
5%737
lanuary 2015
57 181149
4,116
22,265
February 2015
57 11,833
4,502
16,332
M&02015
57 9,060
5,70'
14,760
April 2015
58 16,297
5,928
22,225
4tay2015
58 li,211
5,0-00
16.211
Junt 2015
55 8,107
5,513
13.620
Jul -Sep 2015
55 17,575
12,201
399
30,169
Mt-ntc 2015
56 8,906
8,723
392
18,026
Jan -Mar 2016
56 6,387
15,484
49 21,916
Apr -Jun MIS
53 51501
17,911
231
23,641
Jul -Sep 2016
59 4,70D
15,532
210
20,44:!
Cct-Dec2016
57 3,178
'11,219
129
14,52 il
jan-mar 2D17
58 2'98I
11,0M
117
14,166
Apr -Jun 2017
57 2,865
7,691
52 10,608
Jul -Sep 2017
58 2,359
S'SS'q
101
8,358
O'l-DeC2017
56 2,460
4,947
13 7,322
)an -mat 2018
58 2,506
5,442
15 7,963
Apr -Jun 2018
55 1,765
4,429
48 6,242
Jul-5ip 2018
55 1,782
3,332
20 5.134
Oct-Dec.2019
55 2,179
3,643
4 5,82
)all -mar 2019
56 2,035
3,718
9 5,762
Apt -Jun 20I9
55 1,406
3,671
10 5,087
Jul -Sep 2019
56 1,812
3,432
1 5,245
Ott -Dec 201-4
1 57
552
2,691
7 3,253
larl-Mar 2020
58 601
2,192
a
2,793
Apt -Jut, 2020
56 303
903
1 1,213
lui-Sep 2020
55 474
2,503
2 2,979
Get -Dec 020
37 740
944
4 1,73
Jan -Mar 2D21
58 1,003
826
2 1,831
Apr -Jun 2021
58 502
1.272
1 1,675
lui-Sep 2021
58 539
702
3 1,243
Olt-DeC2021
58 527
1.011
7 1,545
latl.maf 2022
55 495
1,135
0 1.630
Apf-Jun 2022
51 577
772
0 1,349
Jul -Sea 2022
44 56
1123
1 1,180
Total
205,073
191,I22
I'SIS
398,013
2/15/23,3:42 PM
Attorney General Bonta Releases California Criminal Justice Statistical Reports for 2021 1 State of California - Department of Justi...
ROB BONTA
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Attorney General Bonta Releases
California Criminal justice Statistical
Reports for 2021
Press Release / Attorney General Sonto Releases California Crimino1justice ...
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OAKLAND - California Attorney General Rob Bonta today announced the release of the annual Homicide in California, Crime in California, Use of Force Incident Reporting, and Juvenile justice in California statistical reports. The reports provide policymakers, researchers, law enforcement, and members of the public with vital statewide information on criminal justice statistics in California to support informed policy choices based on data and analysis and help protect the safety and well-being of all Californians.
While the reports are typically published in July, the recent overhaul of the state's electronic reporting systems, as required by a federal directive to strengthen data collection capabilities nationwide, impacted data collection efforts and the timing of this 94 https:Hoag.ca.gov/news/press-releases/attorney-general-bonta-releases-california-criminal-justice-statistical-reports 1/7
2/15/23,3:42 PM Attorney General Bonta Releases California Criminal Justice Statistical Reports for 20211 State of California - Department of Justi... year's release of the reports. Once fully implemented for the hundreds of reporting agencies across the state, California's new data collection system, which was certified by the Federal Bureau of Investigation earlier this year, will significantly improve the quality and depth of the criminal justice statistical information available to all Californians. "Good data is a cornerstone of good public policy. I urge our partners across California to read these reports released today by my office," said Attorney General Bonta. "While crime rates remain significantly below their historical highs, property and violent crimes continue to have devastating consequences for communities across the state. Gun violence in particular remains a consistent and growing threat. In fact, in 2021, nearly three -fourths of all homicides in California involved a firearm. As we confront these ongoing challenges, we must have accountability and appropriate consequences for those who break the law. Accurate statistics and the data in the annual crime reports are a critical part of calibrating our response, ensuring policymakers and law enforcement are able to make informed decisions. At the California Department of justice, we're using every tool we have to prevent violence and combat crime in all its forms. Whether it's successfully securing federal certification of our data systems or taking guns out of the hands of dangerous individuals, my office remains committed to doing our part to support safety and security for all Californians."
Each year, the California Department of justice (CADOJ) publishes annual reports on various criminal justice statistics in California. While law enforcement agencies across the state are in the process of transitioning to the new data collection system known as the California Incident -Based Reporting System (CIBRS), the format of the information made available in this year's reports remains consistent with previous years. The ongoing transition to incident -based reporting will ultimately enable law enforcement agencies to collect more in-depth information about specific incidents than previously available in the legacy system that had been in use for decades. For instance, under the legacy system, statistical data was typically collected using the "Hierarchy Rule," i.e., only the most 95 https:Hoag.ca.gov/news/press-releases/attorney-general-bonta-releases-california-criminal-justice-statisticaI-reports 2/7
2/15/23, 3:42 PM Attorney General Bonta Releases California Criminal Justice Statistical Reports for 20211 State of California - Department of Justi... serious offense within a criminal incident is counted for statistical purposes. As a result, if a robbery and a homicide occurred in the same incident, the legacy system only counts Through CIBRS, policymakers, law enforcement, and members of the public will eventually have more detailed information, context, and specificity about crime in the state. Law enforcement agencies across California are currently in the process of transitioning to CIBRS. To date, more than 300 reporting agencies have completed the transition and are in the process of becoming certified by CADOJ. However, there are currently several hundred agencies remaining and CADOJ continues to work with agencies across the state during this ongoing transition. In the interim, in order to help ensure the annual criminal justice reports remain complete and accurate to the fullest extent possible, CADOJ continues to accept data in both the legacy and CIBRS formats.
The information made available in this year's reports is a combination of data collected under both reporting methods. The Attorney General encourages researchers, academics, and all members of the public to analyze the data and use it to help inform public discourse on the states criminal justice system.
Homicide in California 2021 provides information about the crime of homicide, including demographic data of victims, persons arrested for homicide, persons sentenced to death, peace officers feloniously killed in the line of duty, and justifiable homicides.
Some of the key findings include:
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96 https://oag.ca.gov/news/press-releases/attorney-general-bonta-releases-california-criminal-justice-statistical-reports 3/7
2/15/23, 3:42 PM Attorney General Bonta Releases California Criminal Justice Statistical Reports for 2021 1 State of California - Department of Justi... 0 In 2021, 75% of homicides, where the weapon was identified, involved a firearm. ali I III I I III
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Merced (9.5), and Tulare (8.8) were the counties that experienced the highest homicide rates and Placer (1), San Luis Obispo (03), and Marin (0.4) experienced the lowest homicide rates. Napa and Shasta counties reported they had zero homicides;
9 Among homicides where the victim's relationship to the suspect was identified, remaining above the 1 0-year average of 1,478.2 homicide arrests per year.
Crime in California 2021 presents statewide statistics for reported crimes, arrests, dispositions of adult felony arrests, adult probation, criminal justice personnel, civilians' complaints against peace officers, domestic violence -related calls for assistance, anti - reproductive -rights crimes, and law enforcement officers killed or assaulted. Some of the key findings include:
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97 https://oag.ca.gov/news/press-releases/attorney-general-bonta-releases-california-criminal-justice-statistical-reports 4/7
2/15/23, 3:42 PM Attorney General Bonta Releases California Criminal Justice Statistical Reports for 20211 State of California - Department of Justi... 0 In 2021, the total number of adults on active probation reached its lowest level "1 1:11,11 Mililill 1 . a
9 The total number of full-time criminal Justice personnel — including law •
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discharge -of -firearm incidents involving a peace officer, as defined in California •
bodily injury or death of a civilian or officer, or the discharge of a firearm. Of those incidents:
0 47.8% occurred during a call for service;
0 19.7% occurred while either a crime was in progress or while officers were lil 111 Ill! Jill 1111 111111 11111 11111111111111 '1 11111111 , 1111111111 111 11 1 1 111111111111111 ;r'
98 https://oag.ca.gov/news/press-releases/attorney-general-bonta-releases-california-criminal-justice-statistical-reports 5/7
2/15/23, 3:42 PM Attorney General Bonta Releases California Criminal Justice Statistical Reports for 2021 1 State of California - Department of Justi... juvenile justice in California 2021 provides insight into the juvenile justice process by reporting the number of arrests, referrals to probation departments, petitions filed, and dispositions for juveniles tried in juvenile and adult courts. Some of the key findings include:
0 Of the 31,370 referrals of juveniles to probation, 92.5% were referred by law * 46.5% were for a misdemeanor offense;=
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The Homicide in California report is available here. The Crime in California report is available here. The Use of Force Incident Reporting report is available here. The juvenile justice in California report is available here. The underlying data associated with the M
Office of the Attorney General Accessibility Privacy Policy Conditions of Use Disclaimer (D 2023 DOI
99 https:/Ioag.ca.gov/news/press-releases/attorney-general-bonta-releases-california-criminal-justice-statistica[-reports 6/7
2/15/23, 3:42 PM Attorney General Bonta Releases California Criminal Justice Statistical Reports for 20211 State of California - Department of Justi... 100
https://oag.ca.gov/news/press-releases/attorney-general-bonta-releases-california-criminal-justice-statistical-reports 717