What is Prop 47?

Prop 47 makes certain drug and property offenses under $950 a misdemeanor.

Prop 47 Case Law

Prop 47 was passed on November 4, 2014. Since then, courts have ruled that the following charges should also be misdemeanors:

Embezzlement of $950 or less – Penal Code 503 (People v. Warmington)
Joyriding of a vehicle worth $950 or less – Vehicle Code 10851 (People v. Page)
Attempting to cash a check worth $950 or less – Penal Code 459.5 (People v. Gonzales)
Theft of Account Information of $950 or less – Penal Code 484e(d) (People v. Romanowski)

Proposition 47 Does Not Apply to the Following Charges

Medical Prescription Forgery – Health and Safety Code 11368 (People v. Gallardo)

Proposition 47 Applies to the Following Charges:

Shoplifting – Penal Code 459 – Shoplifting
Forgery – Penal Code 470-476
Fraud/Bad Checks of $950 or less – Penal Code 476a
Grand Theft of $950 or less – Penal Code 487
Petty Theft/Shoplifting of $950 or less – Penal Code 484, 484/666
Possession of Methamphetamine – Health & Safety 11377
Possession of Controlled Substance – Health & Safety 11350
Possession of Concentrated Cannabis – Health and Safety 11357(a)
Receiving Stolen Property – Penal Code 496

Prop 47 is Retroactive

Proposition 47 applies to cases prior to November 4, 2014. Inmates must file a petition in the county courthouse where they were convicted. The petition forms vary by county and can be accessed here.

Contact

(805) 635-7766
RABLAW805@gmail.com

Prop 47 Case Law Update