Bills Amending Prop. 47

With the continuing rise in property theft and retail crime in this state, we are likely to see a number of bills introduced in the 2024 California Legislative Session that propose to amend Proposition 47, which was adopted by the voters in November 2014. Some of those bills will attempt to change several of the provisions of Prop. 47 in order to enhance criminal penalties.

Prop. 47 was titled by the Attorney General as: “Criminal Sentences. Misdemeanor Penalties. Initiative Statute.” The proponents named the statewide ballot measure as the “Safe Neighborhoods and Schools Act.” Among its provisions was making certain non-violent property crimes, when the value of the property does not exceed $950, into misdemeanor criminal offenses. Prop. 47 also changed some simple drug possession offenses into misdemeanors.

The crimes affected by Prop. 47 were:

• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs (Below a certain threshold of weight)^[3]

If Members of the California Legislature want to amend Prop. 47 to strengthen the laws, their bills may contain the following plus section at the end of their bills:

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 this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.

Why would a bill to amend Prop. 47 need to go before the voters? Prop. 47, in Section 15 of the ballot measure, allows the Legislature to make two different types of amendments to the measure. Section 15 is set forth below:

SEC. 15. Amendment. This act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a twothirds 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

As a result of Section 15, the Legislature can amend Prop. 47. However, amending Prop. 47 to make changes that strengthen criminal penalties, or lower the financial threshold below $950, or change certain violations to be felonies, rather than misdemeanors, do not meet the amendment requirement of being “consistent with and further the intent of this act.” As a result, these types of bills will have to go before the voters.

California Elections Code Division 9 deals with Measures Submitted to the Voters and Article 4 of Chapter 1 of Division 9 relates to “Measures Proposed by the Legislature.” Article 4 was enacted in 1994 by Chapter 920.

Section 9040 specifies that “Every constitutional amendment, bond measure, or other legislative measure submitted to the people by the Legislature shall appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.”

As a result, bills by the Legislature to amend Prop. 47 in a manner that is not “consistent with” or does not “further the intent” of the ballot measure will have to go before the voters, after successful enactment by the Legislature and Governor.