New Bill Would Allow Prop. 47 to Be Amended by Majority Legislative Vote

Assembly Bill 1787 aims to partially address the shoplifting problem in California. As many are aware, Proposition 47, the ballot measure approved by statewide voters in 2014, increased the threshold for shoplifting to remain a misdemeanor from $450 to $950. This bill would reduce that threshold back to $450, among other provisions.

Because the bill would amend the provisions of Prop. 47, the bill would make the changes proposed by AB 1787 effective only upon submission to, and approval by, the voters. Section 10 of the bill sets forth the requirement to place the bill’s provisions before the state’s voters. The following is the text of Section 10 of the bill:

This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit Sections 1, 2, 3, 4, 6, 7, and 11 of this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.

Also of interest is Section 11 of the bill, which provides: “This act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a majority vote of the members of each house of the Legislature and signed by the Governor.” The bill would name the act as the “Theft Prevention and Rehabilitation Act.”

In looking at the language contained in Section 11, the first sentence’s reference to “act” would normally be interpreted to apply to the Act enacted by AB 1787. As a result, the changes to Prop. 47 made by the voters’ adoption of AB 1787 would constitute this act, and this sentence directs the judicial branch that this new language to Prop. 47 is to be “broadly construed.”

Regarding the second sentence, it is not entirely clear, but the language would appear to allow the changes made by AB 1787 to Prop. 47 (after adoption by the voters) to be subject to amendment by a majority vote of both houses of the Legislature and signed into law by the Governor. The reason it is not clear is due to the fact that the second sentence uses the word “measure.” What measure is being referred to by this reference – Prop. 47 or the language of this act (i.e., AB 1787)? It would be helpful to change measure to “act” if that is the intent.