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.