Repeal of Proposition 47 Set to Take Effect

In 2014, voters approved Proposition 47 because they were concerned about state prison overcrowding and overly harsh punishments for drug and theft crimes. Many crimes that were previously felonies were made misdemeanors. The threshold for felony grand theft was raised to a value of the items being over $950, while possession of drugs for personal use was reduced to a misdemeanor. The law also allowed people to apply for reduction of prior felonies to misdemeanors; however, if reduction to a misdemeanor under Penal Code section 17, subdivision (b), was available, it usually made more sense to go that route. While the reduced punishments enacted by Proposition 47 did reduce prison sentences and lower the prison population, saving taxpayer money, some people were concerned that it encouraged crime by reducing the penalties.

From 2020-2024, San Francisco Bay Area and Southern California cities experienced a resurgence of both serious and petty crime. Voters started to rethink “soft on crime” policies like Proposition 47. Finally, in 2024, the voters partially repealed Proposition 47 with the enactment of Proposition 36. Coming into effect on January 1, 2025, the new law allows county prosecutors to charge felony theft when the person has several priors, charge fentanyl dealers with murder, and threaten opioid users with jail time if they don’t accept a rehabilitation plan.

Regarding theft, the following code sections were enacted:

“Section 490.3 is added to the Penal Code, to read:

 490.3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including, but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

 Section 666.1 is added to the Penal Code, to read:

 666.1. (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.

 (2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:

(A) Petty theft, as described in Section 488 or 490.2.

(B) Grand theft, as described in Sections 487, 487h, and in Chapter 5 (commencing with Section 484) of Title 13 of Part 1.

(C) Theft from an elder or dependent adult, as described in Section 368.

(D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.

(E) Burglary, as described in Section 459. (F) Carjacking, as described in Section 215

(G) Robbery, as described in Section 211. (H) Receiving stolen property, as described in Section 496.

 (I) Shoplifting, as described in Section 459.5. (J) Identity theft and mail theft, as described in Section 530.5.”

With respect to the other new class of crime created - treatment mandated felony - the felony terms apply when “a person who has two or more prior convictions for a felony or misdemeanor violation of Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact . . .

 (d) (1) (A) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant’s plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4) for a violation of this section.”

 As explained above, the type of “conviction” in a treatment mandated felony will be a deferred entry of judgment that, if successfully completed, will not result in a conviction. The person would then be eligible for record sealing under Penal Code section 851.91/92.

 While not drastically punitive, the new laws show that Californians want greater repercussions for repeat offenders and fentanyl dealers. It is yet to be seen how each county will approach the new laws. Alameda and San Francisco County are less likely to charge these new felonies, while Santa Clara, San Mateo, and Contra Costa could use the new laws to increase punishments. Attorney David Reagan follows all the new legal developments to make sure his clients understand the consequences of their conviction and how to best obtain clean record relief.