Proposition 47

About Proposition 47


Proposition 47 is also known as the Safe Neighborhoods and Schools Act. According to its drafters, Prop 47s twin goals are to ensure that prison spending is focused upon violent and serious offenses and divert the money used to house "non-serious, non-violent" criminals in prison into schools, mental health and drug treatment. Prop 47, Sec. 2

The initiative created one new crime and reduced from felonies to misdemeanors 8 others. It set up a fully retro-active review and re-sentencing mechanism for those who are entitled to relief. The provisions are to be "liberally construed to effectuate [their] purposes" Prop. 47 Secs. 15, 18.

Offenses Not Eligible


People who have been convicted of "super strikes" are not eligible for relief under Prop 47. Those offenses include:
  • Any of the homicide or attempted homicide offenses (PC187-191.5)
  • Any offense which requires sex registration pursuant to Penal Code Sec. 290(c)
  • Any serious and/or violent felony offense punishable in California by life imprisonment or death
  • Assault on a peace officer or fire fighter with a machine gun
  • Assault with intent to commit rape, sodomy, child molestation, oral copulation or sexual penetration
  • Child molestation by force, violence or threats
  • Continuous sexual abuse of a minor by force, violence or threats
  • Kidnapping with the intent to commit rape, sodomy, child molestation, oral copulation or sexual penetration
  • Lewd of lascivious acts involving a child under 14
  • Oral copulation by force, violence or threats
  • Oral copulation of a child who is under 14 and who is more than 10 years younger than the defendant
  • Possession of a weapon of mass destruction
  • Rape in concert aggravated sexual assault of a child by force, violence or threats
  • Rape
  • Sexual penetration by force, violence or threats
  • Sexual penetration of a child who is under 14 and who is more than 10 years younger than the defendant
  • Sodomy with a child who is under 14 and more than 10 years younger than the defendant
  • Sodomy
  • Solicitation to commit murder
  • Spousal rape

Offenses Impacted


The following offenses were impacted by Proposition 47:
  • Forgery (Penal Code Secs. 470, 471, 472, 475, 476, 484f, 484i, 473) of less than $950, provided the defendant is not convicted of both forgery and identity theft
  • Check kiting (Penal Code Sec. 476) where the loss is less than $950, provided the defendant does not have three or more prior convictions for violations of Penal Code Secs. 470, 475 or 476
  • Grand Theft (Penal Code Sec. 487, 490.2) of any property where the value of the money, labor, real or personal property taken does not exceed $950
  • Receiving Stolen Property (Penal Code Sec. 496) where the value of the property does not exceed $950
  • Petty theft with prior convictions (Penal Code Secs. 484 per 666) regardless of the number of prior theft convictions
  • Possession of narcotics (Health and Safety Code Sec. 11350)
  • Possession of concentrate cannabis (Health and Safety Code Sec. 11357(a))
  • Possession of controlled substances (Health and Safety Code Sec. 11377(a))
If you have been convicted of one of these offenses as a felony, you may be eligible for relief. You can file a petition to the court on your own or the Public Defender's Office will help you.