Prop 47

Prop 47, or more formally referred to as Proposition 47 or The Safe Neighborhoods and Schools Act, was a ballot measure passed by the voters of California on November 4, 2014. Prop 47 became effective November 5, 2014. (Cal. Const., art. II, § 10, subd. (a); People v. Diaz (2015) 238 Cal.App.4th 1323, 1328; People v. Lynall (2015) 233 Cal.App.4th 1102, 1108.) In this article, petitions refer to reduction requests under PC1170.18(a) for people currently serving a sentence, and applications refer to reduction requests under PC1170.18(f) for people who have completed their sentence. In this article, reductions is a general term used for both petitions and applications. Anything with a line through it means that the case supporting it has been depublished.

Affected crimes

Drug-related offenses

HSC11350

Possession of various controlled substances, including cocaine and heroin, is changed from a 16-2-3 county jail straight felony to a 364-day misdemeanor, unless the defendant has a super-strike or is a sex offender registrant under PC290(c).

HSC11357

Possession of concentrated cannabis is changed from a 16-2-3 county jail wobbler to a 364-day misdemeanor, unless the defendant has a super-strike or is a sex offender registrant under PC290(c).

HSC11377

Possession of various controlled substances, including methamphetamines, is changed from a wobbler 16-2-3 county jail wobbler to a 364-day misdemeanor, unless the defendant has a super-strike or is a sex offender registrant under PC290(c).

Theft-related offenses

Burglary (PC459) and Shoplifting (PC459.5)

The new crime of shoplifting is carved out from burglary. Shoplifting is entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. (PC459.5(a).) If chargeable as shoplifting, it cannot be charged as burglary or theft. (PC459.5(b).) Shoplifting is a 6-month maximum misdemeanor. (PC19)

Entering a building with the intent to commit perjury is not covered under PC459.5, even if the the complaint charges "intent to commit larceny and any felony." (People v. Chen (2016) 245 Cal.App.4th 322.)

Entering a building to pass a bad or forged check under a PC459 may be a shoplift under PC459.5.(People v. Smith (July 8, 2016, E062858) ___ Cal.App.4th ___, available at [1]; People v. Root (2016) 245 Cal.App.4th 353, review granted May 11, 2016, S233546; People v. Triplett (2016) 244 Cal.App.4th 824, review granted Apr. 27, 2016, S233172;; People v. Vargas (2016) 243 Cal.App.4th 1416, review granted Mar. 30, 2016, S232673; contra, People v. Bias (2016) 245 Cal.App.4th 302, review granted Feb. 17, 2016, S231171; People v. Gonzales (2015) 242 Cal.App.4th 35, review granted Feb. 17, 2016, S231171.)

"[E]ntering a commercial establishment with the intent to use a stolen credit to purchase property valued at no more than $950 constitutes shoplifting . . . ." (People v. Garrett (June 15, 2016, H041927) ___ Cal.App.4th ___, available at [2].)

Purchasing goods with counterfeit money falls under PC459.5. (People v. Valencia (2016) 245 Cal.App.4th 730, review granted May 25, 2016, S233402.)

Theft under PC495.5 includes theft by false pretenses and is not limited to just trespassory takings. (People v. Smith (July 8, 2016, E062858) ___ Cal.App.4th ___, available at [3].) For example, selling a stolen surfboard is theft by false pretenses and falls under PC459.5. (People v. Fusting (July 11, 2016, D069050) ___ Cal.App.4th ___, available at [4].)

A public high school is not a commercial establishment. "A public high school is not an establishment primarily engaged in the sale of goods and services; rather, it is an establishment dedicated to the education of students." (In re J.L. (2015) 242 Cal.App.4th 1108.)

Commercial establishment is broader than retail establishment. (People v. Vargas (2016) 243 Cal.App.4th 1416, review granted Mar. 30, 2016, S232673.)

A commercial establishment is "a place of business established for the purpose of exchanging goods or services." A check cashing business is a commercial establishment. "Commercial establishment" is not limited to a place that that buys or sells goods or merchandise. (People v. Smith (July 8, 2016, E062858) ___ Cal.App.4th ___, available at [5].)

Forgery of a check (PC473)

Forgery of a check in the amount of less than $950 is now a misdemeanor, unless the defendant has a super-strike or is a sex offender registrant under PC290(c). To determine if above or below $950 threshold, each individual check is evaluated on its own and not in the aggregate, regardless of whether there are multiple counts or a single count. (People v. Salmorin (July 19, 2016, No. B264614) ___ Cal.App.4th ___; People v. Hoffman (2015) 241 Cal.App.4th 1304.)

Possession of counterfeit dollar bills falls under PC473. (People v. Maynarich (June 15, 2016, B263341) ___ Cal.App.4th ___, available at [6].)

n.b.Conviction of forgery and identity theft (PC530.5) is a disqualifier.

Not sufficient funds (PC476a)

Passing checks with not sufficient funds in the amount of less than $950 is now a misdemeanor, unless the defendant has a super-strike, is a sex offender registrant under PC290(c), or has three or more convictions of PC470, PC475, or PC476. To determine if above or below $950 threshold, the aggregate value of the checks is used.

Theft of less than $950 (PC490.2)

PC490.2 declared thefts under $950 to be petty theft and punished as misdemeanors, unless the defendant has a super-strike or is a sex registrant under PC290(c). There has been much litigation over what is considered a theft and therefore covered by PC490.2 and by Prop 47. Grand theft of a car under $950 under PC487(d)(1) and grand theft of a firearm under $950 PC487(d)(2) are misdemeanor petty theft under PC490.2. Numerous bills (SB452(2015), AB150(2015), AB1869(2016), AB2369 (2016), AB2854(2016)) have tried to make theft of a firearm, regardless of amount, a 16-2-3 state prison felony, though none have yet passed.

Code	Crime	PC490.2 applies?	Citation	Notes
PC182	Conspiracy to commit theft	No	People v. Segura (2015) 239 Cal.App.4th 1282, review den., S229565.
PC368	Elder abuse	No	People v. Bush (2016) 245 Cal.App.4th 992
PC484e	Theft of access card	Yes	People v. Thompson (2015) 243 Cal.App.4th 413, review granted Mar. 9, 2016, S232212 People v. Romanowski (2015) 242 Cal.App.4th 151, review granted Jan. 20, 2016, S231405	Value of access card account information is probably under $950.
PC484e	Theft of access card	No	People v. King (2015) 242 Cal.App.4th 1312, review granted Feb. 24, 2016, S231888 People v. Cuen (2015) 241 Cal.App.4th 1227, review granted Jan. 20, 2016, S231107 People v. Grayson (2015) 241 Cal.App.4th 454, review granted Jan. 20, 2016, S231757
PC496d	Receiving a stolen car	No	People v. Nichols (Feb. 3, 2016, H041979) review granted Apr. 20 2016, S233055 People v. Orozco (2016) 244 Cal.App.4th 65, rehg. granted, sub. opn not pub. May 25, 2016 People v. Peacock (2015) 242 Cal.App.4th 708, review granted Feb. 17, 2016, S230948 People v. Garness (2015) 241 Cal.App.4th 1370, review granted Jan. 27, 2016, S231031
PC664/459	Attempted auto burglary	No	People v. Acosta (2015) 242 Cal.App.4th 521	Burglary isn't theft
PC459	Auto burglary	No	People v. Acosta (2015) 242 Cal.App.4th 521	Burglary isn't theft
VC10851	Joyriding	Yes	People v. Gomez (2015) 243 Cal.App.4th 319, review granted June 1, 2016, S233849 People v. Ortiz (2016) 243 Cal.App.4th 854, review granted Mar. 16, 2016, S232344
VC10851	Joyriding	No	People v. Johnston (May 6, 2016, C080099) ___ Cal.App.4th ___, review granted July 13, 2016, S235041 People v. Solis (2016) 245 Cal.App.4th 1099, review granted June 8, 2016 People v. Orozco (2016) 244 Cal.App.4th 65, rehg. granted, sub. opn not pub. May 25, 2016 People v. Haywood (2015) 243 Cal.App.4th 515, review granted Mar. 9, 2016, S232250 People v. Page (2015) 241 Cal.App.4th 714, review granted Jan. 27, 2016, S230793

Receiving stolen property (PC496)

Receiving stolen property valued at less than $950, is now a 364-day misdemeanor, unless the defendant has a super-strike or is a sex offender registrant under PC290(c).

Petty with a prior (PC666)

Under former PC666, defendants currently convicted of petty theft and with three or more prior theft-related convictions were punished by a 16-2-3 county jail wobbler. Prop 47 changed it so that defendants currently charged with petty theft and have a prior conviction for at least one theft-related offense, and a prior conviction super strike or elder abuse under PC368(d) or (e), or are a sex offender registrant under any provision, are punishable by a 16-2-3 state prison wobbler.
n.b. The sex offender registrant qualifier is for sex offender registration for any reason, unlike most of the other Prop 47 offenses, in which it has to be a PC290(c) offense. So this includes SVPs, MDSOs, and discretionary registrants.

Excluded crimes

Marijuana cultivation (HSC11358)

It does not violate Equal Protection that HSC11358 is not reducible under Prop 47. (People v. Descano (2016) 245 Cal.App.4th 175.)

Failure to Appear While on Bail (PC1320.5)

Even if the underlying felony on a felony failure to appear (FTA) has been reduced under Prop 47 to a misdemeanor, the FTA itself is still considered a felony. (People v. Perez (2015) 239 Cal.App.4th 24, review granted, Nov. 18, 2015, S229046.)

Failure to Appear While Released on Own Recognizance (PC1320(b))

Even if the underlying felony on a felony failure to appear (FTA) has been reduced under Prop 47 to a misdemeanor, the FTA itself is still considered a felony. (People v. Eandi (2015) 239 Cal.App.4th 801, review granted, Nov. 18, 2015, S229305.)

Excludable prior convictions

Many offenses that are misdemeanors under Prop 47 will remain felonies or wobblers if the defendant has one of the following offenses. An excludable prior conviction is one that is prior to the Prop 47 petition or application; it need not be prior to the conviction for which reduction is sought. (People v. Montgomery (June 8, 2016, G051812) ___ Cal.App.4th ___; People v. Zamarripa (June 1, 2016, B266850) ___ Cal.App.4th ___.)

Super-Strike
Code	Crime	Notes
PC187	Murder
PC191.5(a)	Gross vehicular manslaughter while intoxicated
PC191.5(b)	Vehicular manslaughter while intoxicated
PC664	Attempt of any of the above homicide offenses
PC207	Kidnapping committed with intent to violate PC261, PC262, PC264.1, PC286, PC288, PC288a, or PC289.
PC209	Kidnap for ransom committed with intent to violate PC261, PC262, PC264.1, PC286, PC288, PC288a, or PC289.
PC220	Assault committed with intent to violate PC261, PC262, PC264.1, PC286, PC288, PC288a, or PC289.
PC245(d)(3)	Assault with a machine gun on a peace officer or firefighter
PC261	Rape
PC262	Rape of spouse
PC269	Aggravated sexual assault of a child
PC286	Sodomy
PC288	Lewd act on a child
PC288a	Oral copulation on a minor
PC288.5	Continuous sexual abuse
PC289	Sexual penetration
PC653f	Solicitation to commit murder
PC11418	Possession of a weapon of mass destruction
PC667.5(c) PC1192.7(c)	Any serious or violent felony offense punishable in California by life imprisonment or death.
Sex offender registrant under PC290(c)
Code	Crime	Notes
PC187	Murder committed in an attempt to perpetrate rape, PC286, PC288, PC288a, or PC289
PC207	Kidnapping committed with intent to PC261, PC286, PC288, PC288a, or PC289
PC209	Kidnapping for ransom committed with intent to PC261, PC286, PC288, PC288a, or PC289
PC220	Assault with intent to commit sex offenses	Assault with intent to commit mayhem is excluded
PC236.1(b) or (c)	Human trafficking	Includes trafficking for extortion
PC243.4	Sexual battery
PC261(a)(1),(2),(3),(4), or (6)	Rape
PC262(a)(1)	Spousal rape	Must involve use of force or violence and sentence to state prison
PC264.1	Aiding or abetting rape
PC266	Enticement of female minor
PC266c	Consent to sex by fraud or fear
PC266h(b)	Pimping a minor
PC266i(b)	Pandering with a minor
PC266j	Procurement of child under 16
PC267	Abduction of minor for prostitution
PC269	Aggravated sexual assault of a child
PC272	Contributing to delinquency of a minor	If it involves lewd or lascivious conduct
PC285	Incest
PC286	Sodomy
PC288	Lewd act on a child
PC288a	Oral copulation on a minor
PC288.2	Sending harmful matter to minor	If a felony
PC288.3	Contacting minor to commit sexual offense
PC288.4	Arranging meeting with minor for lewd conduct
PC288.5	Continuous sexual abuse of a child
PC288.7	Sex with a child under 10 years of age
PC289	Sexual penetration
PC311.1	Distribution of obscene matter depicting minor
PC311.2(b), (c), or (d)	Distribution of matter depicting minor engaging in sex
PC311.3	Sexual exploitation of child
PC311.4	Use of minor in obscene matter
PC311.10	Advertising obscene matter depicting minor
PC311.11	Possession of child pornography
PC314	Indecent exposure
PC647.6	Child molestation
Former PC647a	Child molestation
PC653f(c)	Solicitation of commission of certain sex offenses
PC182	Conspiracy of any of the above
PC664	Attempt of any of the above

Retroactive issues under PC1170.18

Penal Code section 1170.18 is the retroactive provision of Prop 47, by which people can have their prior felony convictions reduced to misdemeanors. There are MANY issues regarding this.

November 4, 2017 deadline

PC1170.18(j) requires that petitions or applications be filed by November 4, 2017, unless there is good cause. Originally, proposed bill, AB2765, would have removed the deadline and allowed a Prop 47 to be filed at any time, just like a PC17(b)(3). AB2765 in its current form would change the deadline to November 4, 2022.

PC667.5 +1-year prison priors

If a person goes to prison on a felony, and has that felony subsequently reduced to a misdemeanor under Prop 47, that now-misdemeanor conviction can still be used as a +1-year prison prior sentence enhancement under PC667.5. (People v. Acosta (May 31, 2016, B263849) ___ Cal.App.4th ___; People v. Williams (2016) 245 Cal.App.4th 458, review granted May 11, 2016, S233539; People v. Carrea (2016) 244 Cal.App.4th 966, review granted Apr. 27, 2016, S233011; People v. Ruff (2016) 244 Cal.App.4th 935, review granted May 11, 2016, S233201; People v. Valenzuela (2016) 244 Cal.App.4th 692, review granted Mar. 30, 2016, S232900.)

However, one court has said that if a predicate felony for a +1 prison prior has been reduced by Prop 47 to a misdemeanor, and that person subsequently is convicted of a new felony offense, the +1 prison prior doesn't apply because it's a misdemeanor. (People v. Abdallah (2016) 246 Cal.App.4th 736.) The other cases on this issue are distinguished in that they involved a person currently serving a prison sentence, got Prop 47 relief on prior convictions, and is trying to get that current prison sentence reduced.

Review was granted in Valenzuela on the following issue: Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?

After PC1203.4 dismissal/expungement

A felony conviction that has been dismissed under Penal Code section 1203.4 still exists for some purposes and may be eligible for reduction under Prop 47. (People v. Tidwell (2016) 246 Cal.App.4th 212.) Prior to this case, some courts were denying Prop 47 reductions on the basis that PC1203.4 dismissed the case and therefore the courts were lacking jurisdiction over the conviction.

Felony sentence enhancements

If a felony with a PC12022.1 on-bail enhancement is reduced to a misdemeanor under Prop 47, the PC12022.1 enhancement disappears. (People v. Buycks (2015) 241 Cal.App.4th 519, review granted Jan. 20, 2016, S231765.)

Burden of proof

The burden of proof is on the petitioner/applicant to prove eligibility to reduce a felony to a misdemeanor under Prop 47. Several court decisions requires the petitioner/applicant to meet this burden first before deciding the matter. (People v. Perkins (2016) 244 Cal.App.4th 129 ["The defendant must attach information or evidence necessary to enable the court to determine eligibility."]; People v. Rivas-Colon (2015) 241 Cal.App.4th 444; People v. Sherow (2015) 239 Cal.App.4th 875 ["A proper petition could certainly contain at least [defendant's] testimony about the nature of the items taken. If he made the initial showing the court can take such action as appropriate to grant the petition or permit further factual determination."].)

Problematic is that courts may not have a hearing on a Prop 47 matter, and live testimony may not be what is before the court. Perkins lists what type of evidence is expected: "In any new petition, defendant should describe the stolen property and attach some evidence, whether a declaration, court documents, record citations, or other probative evidence showing he is eligible for relief."

The court may consider any facts the parties clearly agree to, as long as such facts only augment, and do not contradict or otherwise detract from, the record of conviction. (People v. Triplett (2016) 244 Cal.App.4th 824, review granted Apr. 27, 2016, S233172.)

A court may consider a police report to determine the value of taken goods where the record of conviction is insufficient and both parties have agreed to use the police report. (People v. Salmorin (July 19, 2016, B264614) ___ Cal.App.4th ___.)

Excess custody credits

Excess custody credits reduce the one-year parole after PC1170.18(a) re-sentencing. (People v. Morales (2015) 238 Cal.App.4th 42, review granted Aug. 26, 2015, S228030.)

Excess custody credits does not reduce the one-year parole after PC1170.18(a) re-sentencing. (People v. Hickman (2015) 237 Cal.App.4th 984, review granted, Aug. 26, 2015, S227964.)

Interaction with federal sentences

If a California felony conviction has not been reduced to a misdemeanor by the date of conviction on a federal offense, and that California conviction is later reduced to a misdemeanor by Prop 47, the California conviction can still be properly used as a felony for sentence enhancements. United States v. Diaz, No. 10-50029 (9th Cir. Apr. 20, 2016).

Resentencing

Prop 47 applies to juvenile delinquency cases. (Alejandro N. v. Superior Court (2015) 238 Cal.App.4th 1209.)

People v. Roach (May 4, 2016, A144822) ___ Cal.App.4th ___

Currently serving a sentence

A person currently on probation for a felony conviction is considered to be currently serving a sentence and must petition under 1170.18(a) and therefore subject to a "unreasonable risk to public safety" analysis. (People v. Davis (2016) 246 Cal.App.4th 127, review granted Mar. 30, 2016<ref name=8.1115>; People v. Garcia (2016) 245 Cal.App.4th 555.) Davis rejected the argument that defense attorneys have been making under In re Estrada (1965) 63 Cal.2d 740, that probationers are not sentenced and have had their offenses converted to misdemeanors by operation of law, bypassing the PC1170.18 process (and also avoiding the PC1170.18(k) prohibition on guns).)

Dangerousness is the risk of committing a super-strike. This risk can be assessed on the basis of the applicant's criminal record and record of rehabilitation, even if the applicant has never committed a super-strike and has no record of prison misconduct. (People v. Hall (June 6, 2016, A145088) ___ Cal.App.4th ___.)

A person on parole or PRCS is considered to be currently serving a sentence and must petition under 1170.18(a) and therefore subject to the "unreasonable risk to public safety" analysis. (People v. Morales (2015) 238 Cal.App.4th 42, review granted Aug. 26, 2015, S228030.)

Vacating a completed sentence

Prop 47 only allows modification of a sentence currently being served. It does not permit modification of a sentence already completed. (People v. Vasquez (2016) 247 Cal.App.4th 513.)

County-specific information

Los Angeles County

• Prop 47 form
• Proof of service form

San Diego County

• Prop 47 form

Orange County

• Prop 47 form
• Prop 47 order
• Prop 47 instructions

Riverside County

• Prop 47 form

San Bernardino County

• Prop 47 form
• Prop 47 instructions

Santa Clara County

• Prop 47 form for represented defendants
• Prop 47 form for pro per defendants
• Waiver and stipulation for Prop 47 form

Alameda County

• Prop 47 form

Sacramento County

• Prop 47 form
• Prop 47 instructions

Contra Costa County

• Prop 47 FAQ

Fresno County

• Prop 47 petition
• Prop 47 application
• Proof of Service form
• Prop 47 instructions

Kern County

• Prop 47 form
• Prop 47 response
• Prop 47 order

San Mateo County

• Prop 47 form

Stanislaus County

• Prop 47 form
• Prop 47 response
• Prop 47 order

Tulare County

• Prop 47 form

Santa Barbara County

• Prop 47 form

Monterey County

• Prop 47 form
• Prop 47 response
• Prop 47 order

Placer County

• Prop 47 form

San Luis Obispo County

• Prop 47 form
• Prop 47 form for probationers
• Prop 47 Response and Order

Santa Cruz County

• Prop 47 form
• Prop 47 response
• Prop 47 order
• Prop 47 FAQ

Merced County

• Prop 47 form for represented defendants
• Prop 47 form for pro per defendants
• Prop 47 response
• Stipulation prior to sentencing
• Waiver, stipulation and order for resentencing
• Stipulation and order for redesignation

Yolo County

• Prop 47 form

Madera County

• Prop 47 form
• Prop 47 response
• Prop 47 order

Kings County

• Prop 47 form

Nevada County

• Prop 47 form
• Prop 47 order
• Prop 47 instructions

Mendocino County

• Prop 47 form

Yuba County

• Prop 47 form
• Prop 47 response
• Prop 47 order

Tehama County

• Prop 47 form
• Prop 47 response
• Prop 47 order

Tuolumne County

• Prop 47 form
• Prop 47 response
• Prop 47 order

Calaveras County

• Prop 47 form
• Prop 47 instructions

Amador County

• Prop 47 form
• Prop 47 response
• Prop 47 proof of service
• Prop 47 instructions

Trinity County

• Prop 47 form
• Prop 47 response
• Prop 47 order

Text of Prop 47

Section 1. Title.

This act shall be known as “the Safe Neighborhoods and Schools Act.”

Section 2. Findings and Declarations.

The people of the State of California find and declare as follows:
The people enact the Safe Neighborhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonserious, nonviolent crime, and to invest the savings generated from this act into prevention and support programs in K–12 schools, victim services, and mental health and drug treatment. This act ensures that sentences for people convicted of dangerous crimes like rape, murder, and child molestation are not changed.

Section 3. Purpose and Intent.

In enacting this act, it is the purpose and intent of the people of the State of California to:

(1) Ensure that people convicted of murder, rape, and child molestation will not benefit from this act.

(2) Create the Safe Neighborhoods and Schools Fund, with 25 percent of the funds to be provided to the State Department of Education for crime prevention and support programs in K–12 schools, 10 percent of the funds for trauma recovery services for crime victims, and 65 percent of the funds for mental health and substance abuse treatment programs to reduce recidivism of people in the justice system.

(3) Require misdemeanors instead of felonies for nonserious, nonviolent crimes like petty theft and drug possession, unless the defendant has prior convictions for specified violent or serious crimes.

(4) Authorize consideration of resentencing for anyone who is currently serving a sentence for any of the offenses listed herein that are now misdemeanors

(5) Require a thorough review of criminal history and risk assessment of any individuals before resentencing to ensure that they do not pose a risk to public safety.

(6) This measure will save significant state corrections dollars on an annual basis. Preliminary estimates range from $150 million to $250 million per year. This measure will increase investments in programs that reduce crime and improve public safety, such as prevention programs in K–12 schools, victim services, and mental health and drug treatment, which will reduce future expenditures for corrections.

Section 4.

Chapter 33 (commencing with Section 7599) is added to Division 7 of Title 1 of the Government Code, to read:

Government Code section 7599.

(a) A fund to be known as the “Safe Neighborhoods and Schools Fund” is hereby created within the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal year for carrying out the purposes of this chapter.

(b) For purposes of the calculations required by Section 8 of Article XVI of the California Constitution, funds transferred to the Safe Neighborhoods and Schools Fund shall be considered General Fund revenues which may be appropriated pursuant to Article XIII B.

Government Code section 7599.1. Funding Appropriations.

(a) On or before July 31, 2016, and on or before July 31 of each fiscal year thereafter, the Director of Finance shall calculate the savings that accrued to the state from the implementation of the act adding this chapter (“this act”) during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this act. In making the calculation required by this subdivision, the Director of Finance shall use actual data or best available estimates where actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Director of Finance shall certify the results of the calculation to the Controller no later than August 1 of each fiscal year.

(b) Before August 15, 2016, and before August 15 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated pursuant to subdivision (a).

(c) Moneys in the Safe Neighborhoods and Schools Fund shall be continuously appropriated for the purposes of this act. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the purposes of this act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year.

Government Code section 7599.2. Distribution of Moneys from the Safe Neighborhood and Schools Funds.

(a) By August 15 of each fiscal year beginning in 2016, the Controller shall disburse moneys deposited in the Safe Neighborhoods and Schools Fund as follows:

(1) Twenty‑five percent to the State Department of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12, inclusive, by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime.

(2) Ten percent to the California Victim Compensation and Government Claims Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Section 13963.1 of the Government Code.

(3) Sixty‑five percent to the Board of State and Community Corrections, to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems.

(b) For each program set forth in paragraphs (1) to (3), inclusive, of subdivision (a), the agency responsible for administering the programs shall not spend more than 5 percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs.

(c) Every two years, the Controller shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) to (3), inclusive, of subdivision (a) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public.

(d) Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation required by Section 7599.1 and the audit required by subdivision (c), as determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subdivision (a).

(e) The funding established pursuant to this act shall be used to expand programs for public school pupils in kindergarten and grades 1 to 12, inclusive, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal justice system. These funds shall not be used to supplant existing state or local funds utilized for these purposes.

(f) Local agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided.

Section 5.

Section 495.5 is added to the Penal Code, to read:

Penal Code section 459.5.

(a) Notwithstanding Section 459, shoplifting is 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 that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.

(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property.

Section 6.

Section 473 of the Penal Code is amended to read:

Penal Code section 473

(a) Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(b) Notwithstanding subdivision (a), any person who is guilty of forgery relating to a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order, where the value of the check, bond, bank bill, note, cashier’s check, traveler’s check, or money order does not exceed nine hundred fifty dollars ($950), shall be punishable by imprisonment in a county jail for not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section 530.5.

Section 7.

Section 476a of the Penal Code is amended to read:

Penal Code section 476a

(a) Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a bank or depositary, a person, a firm, or a corporation, for the payment of money, knowing at the time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with the bank or depositary, person, firm, or corporation, for the payment of that check, draft, or order and all other checks, drafts, or orders upon funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170.

(b)However, if the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or uttering does not exceed four hundred fifty dollars ($450) nine hundred fifty dollars ($950), the offense is punishable only by imprisonment in the county jail for not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable if the defendant has previously been convicted of a three or more violation violations of Section 470, 475, or 476, or of this section, or of the crime of petty theft in a 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 of any other state or of the 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 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 a violation also of Section 470, 475, or 476, or of 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, or orders, 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, he or she 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 check, draft, or order witnesses the drawer’s signature or endorsement, and, as evidence of that, initials the check, draft, or order at the time of receipt.

(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 sheriff’s department, police department, or other law 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 of this section or Section 476.

(h) The amount of the fee shall not exceed twenty-five dollars ($25) for each bad check, in addition to the amount of any 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 victim may have been assessed. In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten dollars ($10) per check.

Section 8.

Section 490.2 is added to the Penal Code, to read:

Penal Code section 490.2

(a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.

(b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law.

Section 9.

Section 496 of the Penal Code is amended to read:

Penal Code section 496

(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.

A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property

(b) 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 in excess of nine hundredfifty 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 to subdivision (h) of Section 1170

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 of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees.

(d) Notwithstanding Section 664, any attempt to 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 imprisonment pursuant to subdivision (h) of Section 1170.

Section 10.

Section 666 is amended to read:

Penal Code section 666

(a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand 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 in 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) (a) Notwithstanding Section 490, any person described in subdivision (b) paragraph (1) who, having been convicted of petty theft, grand 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 of imprisonment therefor in 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 the county jail not exceeding one year, or in the state prison.

(1) (b) This subdivision Subdivision (a) 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 subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.

(2) (c) This subdivision section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.

Section 11.

Section 11350 of the Health and Safety Code is amended to read:

Health and Safety Code section 11350

(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), or (c), (e), 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 imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

(b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code.

(c) (b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) 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 inability to pay the fine permitted under this subdivision

(d) (c) Except in unusual cases in which it would not serve the interest of justice 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 be imposed, the following conditions of probation shall be ordered:

(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.

(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.

(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.

Section 12.

Section 11357 of the Health and Safety Code is amended to read:

Health and Safety Code section 11357

(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).

(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school‑related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both.

(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school‑related programs is guilty of a misdemeanor and shall be subject to the following dispositions:

(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.

(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

Section 13.

Section 11377 of the Health and Safety Code is amended to read:

Health and Safety Code section 11377

(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which 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 by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

(b)

(1) Any person who violates subdivision (a) 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) of Section 11056 is guilty of a misdemeanor.

(3) Any person who violates subdivision (a) by 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 (a) by unlawfully possessing a controlled substance specified in paragraph (8) of subdivision (f) of Section 11057 is guilty of a misdemeanor.

(c) (b) In addition to any fine assessed under subdivision (b), the 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 into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

Section 14.

Section 1170.18 is added to the Penal Code, to read:

Penal Code section 1170.18

(a) A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section (“this act”) had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended or added by this act.

(b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, those sections have been amended or added by this act, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider all of the following:

(1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes.

(2) The petitioner’s disciplinary record and record of rehabilitation while incarcerated.

(3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety.

(c) As used throughout this Code, “unreasonable risk of danger to public safety” means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667.

(d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody.

(e) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence.

(f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense, may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors.

(g) If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor.

(h) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f).

(i) The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.

(j) Any petition or application under this section shall be filed within three years after the effective date of the act that added this section or at a later date upon a showing of good cause.

(k) Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.

(l) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.

(m) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.

(n) Nothing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this act.

(o) A resentencing hearing ordered under this act shall constitute a “post‑conviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law).

Section 15. Amendment.

This act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a two‑thirds vote of the members of each house of the Legislature and signed by the Governor so long as the amendments are consistent with and further the intent of this act. The Legislature may by majority vote amend, add, or repeal provisions to further reduce the penalties for any of the offenses addressed by this act.

Section 16. Severability.

If any provision of this measure, or part of this measure, or the application of any provision or part to any person or circumstances, is for any reason held to be invalid, the remaining provisions, or applications of provisions, shall not be affected, but shall remain in full force and effect, and to this end the provisions of this measure are severable.

Section 17. Conflicting initiatives.

(a) This act changes the penalties associated with certain nonserious, nonviolent crimes. In the event that this measure and another initiative measure or measures relating to the same subject appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure shall be null and void. However, in the event that this measure and another measure or measures containing provisions that eliminate penalties for the possession of concentrated cannabis are approved at the same election, the voters intend such provisions relating to concentrated cannabis in the other measure or measures to prevail, regardless of which measure receives a greater number of affirmative votes. The voters also intend to give full force and effect to all other applications and provisions of this measure, and the other measure or measures, but only to the extent the other measure or measures are not inconsistent with the provisions of this act.

(b) If this measure is approved by the voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self‑executing and given full force and effect.

Section 18. Liberal construction.

This act shall be liberally construed to effectuate its purposes.

External references

• Voter Information Guide
• Couzens and Bigelow on Prop 47
• Couzen's FAQ on Prop 47