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Prop 47: Safe Neighborhoods and Schools Act
On November 4, 2014, the California Voters passed Proposition 47, also known as "The Safe Neighborhoods and Schools Act."
Proposition 47 creates a new Penal Code section, §1170.18, which allows offenders currently serving felony sentences for the specified crimes to petition to the sentencing court to have their sentences reduced to misdemeanor sentences. In addition, certain offenders who have already completed a sentence for a felony that qualifies under the new law may apply to the sentencing court to have their felony conviction designated a misdemeanor. Exact procedures and forms can be found on our website under About this Court > Court Forms.
YOU DO NOT QUALIFY for a reduction of a qualifying felony to a misdemeanor if any of the following apply to you:
IF YOU HAVE A CONVICTION FOR A QUALIFYING FELONY and you are not disqualified you may ask your sentencing judge to reduce your conviction to a misdemeanor. The qualifying felonies are
- You must register as a sex offender under Penal Code section 290(c). (Note, if your conviction is for petty theft with a prior theft conviction under Penal Code § 666, you are disqualified for a reduction if you must register under any provision of the Sex Offender Registration Act, Penal Code §§ 290 to 290.024.
- You have a prior conviction for any homicide Penal Code §§ 187 to 191.5, attempted homicide or solicitation to commit murder.
- You have a prior conviction for a sexually violent offense listed in Welfare and Institution Code section 6600(b). This includes rape, spousal rape, rape in concert, aggravated sexual assault of a child, sodomy, lewd acts on a child under 14, oral copulation, continuous sexual abuse of a child under age 14 and sexual penetration, kidnapping with the intent to commit one of those offenses, and or assault with the intent to commit one of those offenses, when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person.
- You have a prior conviction for any serious or violent felony punishable by death or life in prison.
- You have a prior conviction for possession of a weapon of mass destruction.
- You have a prior conviction for assault on a peace officer or a firefighter with a machine gun.
- Commercial Burglary Penal Code § 459 that meets the definition of the new crime of shoplifting (see below for that definition).
- Forgery relating to financial instruments listed in Penal Code section 473(b)(Any check, bond, bank bill, note, cashier’s check, traveler’s check or money order), if amount of the item does not exceed $950, and you were not also convicted of identity theft per PC § 530.5. This will include convictions under Penal Code section 470(a), 470(d), 475 and 476.
- Passing bad checks Penal Code § 476(a) if the aggregate amount of the checks does not exceed $950, and you have no more than two prior convictions for violations of Penal Code §§ 470, 475, 476 or 476a.
- Grand theft Penal Code §§ 487(a)-(d), 487a, 487b, 487c, 487d, 487f, 487g, 487h, 487i and 487j if the value of the stolen property does not exceed $950.
- Receiving stolen property Penal Code § 496(a) if the value of the stolen property does not exceed $950.
- Unlawful possession of a controlled substance Health and Safety code §§ 11350(a), 11357(a) and 11377(a).
Proposition 47 also created the new crime of shoplifting pursuant to Code section 459.5. Shoplifting is defined as entering a commercial establishment while the establishment is open during regular business hours with the intent to commit larceny where the value of the property taken does not exceed $950. Any act of shoplifting must be charged as shoplifting and may not be charged as burglary or theft.
Annual Budget Allocation
At its July 29, 2014 meeting, the Judicial Council made 2014–2015 Trial Court Trust Fund (TCTF) and General Fund allocations to trial courts.
- Memo - Outline of the current years allocations.
- Spreadsheet - Details of each court’s base and one-time allocations for 2014–2015
Notice of Fee Changes
As a result of the enactment of SB 75, two civil fees have been increased effective as of June 27, 2013:
- The fee for mailing a plaintiff’s claim to each defendant in a small claims action has been increased from $10 to $15 (CCP 116.232).
- The fee for exemplification of a record has been increased from $20 to $50 (GC 70628).
A revised statewide civil fee schedule will be posted to the at California Courts Web site
Facimile Copies of Tentative Rulings Discontinued
Effective April 1, 2013, we will discontinue the practice of faxing tentative rulings to attorneys /parties. TRs will continue to be posted on our court website and parties without access to the internet may continue to call the clerks’ offices to have the substance of rulings read over the phone. | read more >>