California Prop 47 FAQ (Penal Code § 1170.18)
- What Offenses Can Be Reduced under Prop 47?
- Prop 47 Drug Possession Offenses
- Prop 47 Theft, Fraud, and Forgery Convictions
- Are There any Disqualifications?
- Where is a Prop 47 Petition filed?
- Does a Prop 47 Reduction Restore Gun Rights?
- When Can I Apply for a Prop 47 Reduction?
- Does Prop 47 Apply to Convictions that Occurred Prior to the Proposition Passing?
- Retain us to Handle Your Prop 47 Reduction
Prop 47 FAQ – Created by the Law Firm of Richard Glen Boire. Updated 12/3/2018
Our law firm can reduce your felony under Prop 47. We have prepared this Prop 47 FAQ as a public service.
On November 5, 2014, Proposition 47 (Prop 47, “The Safe Neighborhoods and Schools Act”) opened a three-year window (extended toNovember 4, 2022) to petition to have some previous felony offenses reduced to misdemeanors. Prop. 47 has been codified under Penal Code § 1170.18.1
What Offenses Can Be Reduced under Prop 47?
Under Prop 47 the following felony drug possession offenses can be reduced to misdemeanors:
- Health & Safety Code § 11350 (simple possession of heroin and cocaine.)
- Health & Safety Code § 11357(a) (possession of concentrated cannabis (hashish)
- Health & Safety Code § 11377 (simple possession of methamphetamine)
Under Prop 47 the following theft, fraud, and forgery convictions for $950 or less, can be reduced to misdemeanors:
Penal Code, § 459 (2nd degree (commercial) burglary), so long as the value does not exceed $950.
Penal Code, §§ 470, 471, 472, 473, 475, 476, 484f, & 484i 473 (forgery of a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order”), when the total value of all the items does not exceed $950. In addition to the general disqualification for Super Strikes, this section of Prop 47 “shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section 530.5.”
Penal Code, § 476a (nonsufficient funds, also known as “check kiting”), if the total amount of the checks is less than $950, and the defendant does not have three or more priors for violating Penal Code, §§ 470, 475, or 476.
Penal Code, § 496 (receiving stolen property), if the value of the property received does not exceed $950.
Penal Code, § 666 (petty theft with a prior), if the value of the property stolen does not exceed $950.
Are There any Disqualifications?
Yes. As noted above, only some felonies can be reduced under Prop 47. Your offense must be one of the offenses that is included in Prop 47.
In addition, for the theft offenses that are eligible for reduction under Prop 47, you are excluded from relief if the amount was $951 or more.
Lastly, you are disqualified from relief under Prop 47 if you are required to register as a sex-offender, or if you have a “super strike.”2
Where is a Prop 47 Petition filed?
The petition is filed in the same court that you were convicted in. If you have multiple convictions in one county, you may be able to file just one petition, but it depends on the specific county and its rules. If you have multiple convictions in different counties, you must file in each county.
Does a Prop 47 Reduction Restore Gun Rights?
No. Gun rights are not restored when a felony is reduced under Prop 47. If you are seeking to restore your gun rights, a Prop 47 reduction will not help you. You may, however, benefit from a felony reduction under Penal Code 17, or see our general page on restoring gun rights.
When Can I Apply for a Prop 47 Reduction?
A person can apply anytime. The law was originally set to expire in November 2017, but Governor Brown extended it to November 4, 2022.
If you are currently in custody you must meet all the criteria discussed earlier in the FAQ, plus the judge must also find that you do not pose an “unreasonable risk of danger to public safety.”
Does Prop 47 Apply to Convictions that Occurred Prior to the Proposition Passing?
Yes! Prop 47 is retroactive.
Retain us to Handle Your Prop 47 Reduction
Since 1990, our law firm has specialized in helping people with criminal convictions move on with their lives. We are nationally recognized for our expertise at all post-conviction relief. We’ve reduced many old felony convictions under Prop 47. If you need a skilled and successful California Prop 47 attorney, please consider hiring us to handle your case.
CA Penal Code § 1170.18 states:
(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).
(Added November 4, 2014, by initiative Proposition 47, Sec. 14.)
“Super Strike” offenses include, but are not limited to: P.C. 37 Treason (a life crime) P.C. 128 Perjury Causing the Execution of an Innocent Person (a life crime) P.C. 182 Conspiracy to Commit a Crime Punishable by Life or Death, or Conspiracy to Commit Any Offense Specified in P.C. 290(c) P.C. 187 Murder (and attempted murder—see P.C. 664–187, below) P.C. 191.5(a) Gross Vehicular Manslaughter While Intoxicated P.C. 191.5(b) Vehicular Manslaughter While Intoxicated (formerly P.C. 192(c) (3)) P.C. 205 Aggravated Mayhem (a life crime) P.C. 206 Torture (a life crime) P.C. 207 Kidnapping (if the intent is to commit P.C. 261, 262, 264.1, 286, 288, 288a, or 289) .C. 209(a) Kidnapping for Ransom or Extortion (a life crime) P.C. 209(b) Kidnapping to Commit Robbery or a Sex Crime (a life crime) P.C. 209.5 Kidnapping in the Commission of Carjacking (a life crime) P.C. 217.1(b) Attempted Murder of a Gov’t Official (a life crime) P.C. 218 Acting With Intent to Derail or Wreck a Train (a life crime) P.C. 219 Derailing or Wrecking a Train (a life crime) P.C. 220 Assault With Intent to Commit a Sex Crime (but not mayhem) P.C. 236.1(b) Human Trafficking With the Intent to Effect a Specified Violation (e.g., pimping, pandering, obscene matter) P.C. 236.1(c) Human Trafficking Involving Inducing a Minor to Commit a Commercial Sex Act P.C. 243.4 (F/M) Sexual Battery P.C. 245(d) (3) Assault on a Peace Officer or Firefighter P.C. 261(a) (1), (2), (3), (4) & (6) Rape (except submitting under false belief (a) (5) or threatening to use the authority of a public official (a) (7)) P.C. 262 Spousal Rape (if by force, violence, duress, menace, or threat to retaliate) P.C. 264.1 Rape or Sexual Penetration in Concert P.C. 266 (F/M) Enticing or Procuring a Female for Prostitution or Illicit Purposes P.C. 266c (F/M) Inducing a Sex Act by a False Representation Creating Fear P.C. 266h(b) Pimping Involving a Victim/Prostitute Who is a Minor P.C. 266i(b) Pandering Involving a Victim/Prostitute Who is a Minor P.C. 266j Providing or Transporting a Child Under Age 16 for a Lewd Act P.C. 267 Abducting a Minor for Purposes of Prostitution P.C. 269 Aggravated Sexual Assault of a Child (a life crime) P.C. 272 (M) Contributing to the Delinquency of a Minor if Lewd or Lascivious Conduct is Involved P.C. 273ab Assault on a Child Under Age 8 That Results in Death (a life crime) P.C. 285 Incest P.C. 286 (F/M) Sodomy P.C. 288 (F/M) Lewd or Lascivious Act on a Minor or Dependent Person P.C. 288a (F/M) Oral Copulation P.C. 288.2 Distributing or Exhibiting Harmful Matter to a Minor for the Purpose of Seduction (only a felony violation of P.C. 288.2 is a Prop. 47 disqualifier) P.C. 288.3 Contacting or Communicating With a Minor with the Intent to Commit a Specified Offense P.C. 288.4 (F/M) Arranging a Meeting with a Minor or Person Believed to be a Minor for Purposes of Engaging in Lewd Behavior P.C. 288.5 Continuous Sexual Abuse of a Child P.C. 288.7 Sex Act With a Child Age 10 or Younger (a life crime) P.C. 289 (F/M) Sexual Penetration P.C. 311.1 (F/M) Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, With the Intent to Distribute or Exhibit P.C. 311.2(b) Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, With the Intent to Distribute or Exhibit, for Commercial Consideration P.C. 311.2(c) (F/M) Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, With the Intent to Distribute or Exhibit to a Person Age 18 or Older P.C. 311.2(d) Sending, Bringing, or Possessing Obscene Matter Depicting a Person Under Age 18, With the Intent to Distribute or Exhibit to a Person Under Age 18 P.C. 311.3 (F/M) Sexual Exploitation of a Child P.C. 311.4 (F/M) Using or Permitting a Minor to Pose or Model for Obscene Matter P.C. 311.10 (F/M) Advertising for Sale or Distribution Obscene Matter Depicting a Person Under Age 18 .C. 311.11 (F/M) Possession of Child Pornography P.C. 314.1 (F/M) & P.C. 314.2 (M) Indecent Exposure P.C. 368(d) (F/M) Elder or Dependent Adult Fraud by a Non‐Caretaker (applies only to P.C. 666 offenses) P.C. 368(e) (F/M) Elder or Dependent Adult Fraud by a Caretaker (applies only to P.C. 666 offenses) P.C. 451.5 Aggravated Arson (a life crime) P.C. 647.6 (F/M) Annoying or Molesting a Child Under Age 18 or Engaging in Such Conduct With an (formerly P.C. 647a) Adult Who is Believed to Be a Minor P.C. 653f(b) Solicitation to Commit Murder P.C. 653f(c) Solicitation to Commit a Specified Sex Crime P.C. 664 (F/M) Attempt to Commit Any Offense Specified in P.C 290(c) P.C. 664–187 Attempted Murder, With or Without Premeditation P.C. 667.61 Any Sex Crime Punishable Pursuant to P.C. 667.61 (a life crime) P.C. 667.7 Any Crime Punishable Pursuant to P.C. 667.7 (a life crime) P.C. 667.71 Any Crime Punishable Pursuant to P.C. 667.71 (a life crime) P.C. 4500 Assault By a Life Prisoner on a Non‐inmate (a life crime) P.C. 11418 Possession of a Weapon of Mass Destruction “as defined in Section 11418(a)(1)” P.C. 11418(b)(1) Using or Employing a Weapon of Mass Destruction in a Form That May Cause Widespread, Disabling Illness or Injury in Humans (a life crime) P.C. 11418(b)(2) Using or Employing a Weapon of Mass Destruction in a Form That May Cause Widespread GBI or Death, and Actually Causing the Death of a Human (a life crime) P.C. 12022.53(d) Any Felony to Which a P.C. 12022.53(d) Firearm Use Enhancement P.C. 18745 Exploding a Destructive Device with the Intent to Commit Murder [Formerly P.C. 12308] (a life crime) P.C. 18755(a) Exploding a Destructive Device or Explosive Causing Death [Formerly P.C. 12310(a)] (a life crime) P.C. 18755(b) Exploding a Destructive Device or Explosive Causing GBI or Mayhem [Formerly P.C. 12310(b)] (a life crime) P.C. 12308 Exploding a Destructive Device with the Intent to Commit Murder [Now P.C. 18745] (a life crime) P.C. 12310(a) Exploding a Destructive Device or Explosive Causing Death [Now P.C. 18755(a)] (a life crime) P.C. 12310(b) Exploding a Destructive Device or Explosive Causing Death or Mayhem [Now P.C. 18755(b)] (a life crime) Military & Vets. 1670/1672(a) Sabotage: Hindering or Delaying Preparation for Defense or War, and Causing Death or GBI (a life crime) 1671/1672(a) Sabotage: Making or Omitting to Note Defects in Things Intended to be Used for Defense or War, and Causing Death or GBI (a life crime).