Time and time again I have heard various politicians, lawmakers and candidates misinform the public about Prop 47. If you listen to any of them, you would believe that Prop 47 is the end of the world and that it has led to huge increases in all kinds of crime.
This is a problem… because – it isn’t true.
Just the other day, I was at a candidate endorsement meeting and one of the candidates actually said that there was a big increase in graffiti… because of Prop 47.
That is strange because… Prop 47 has nothing to do with graffiti.
I have heard popular leaders, here in Fresno, repeatedly tell the public that because of Prop 47, criminals are getting off the hook for all kinds of crimes. And crime is completely out of control. And of course…. they need tons of money to solve this horrific problem.
That’s odd because… Prop 47 doesn’t make ANY crime not a crime. A crime is still a crime.
I would suggest that if crime is running rampant in your city, maybe you should consider stepping down and allowing someone more capable take care of the problem. That’s how it works everywhere else. Why doesn’t it work that way here?
The fact of the matter is, Prop 47 has nothing to do with any of this stuff. And they know it. They are using it as a scapegoat. They are trying to scare people. It is about money. You know it, I know it and they know it.
And the worst thing about all this propaganda? Their very own words are directly leading to more criminal activity, because it is those people who are making criminals THINK that they are going to get off the hook for something. Yes, every time a criminal (who doesn’t know the law) hears this nonsense, they get the idea they can go out and do something and get by with it. Instead of truly being tough on crime, what we have are people who are all over the media spreading hysteria and enticing criminals to do bad things.
I am calling for this to stop.
Yes, I am aware that Fresno County has a lot of crime. When has Fresno County NOT had a lot of crime? Even the City of Fresno found out the hard way that one of their own was engaging in drug dealing and all sorts of criminal activity – right under the nose of the Chief of Police!
Did anyone blame that on Prop 47?
Click here to read the text of the law.
And here are some facts:
Prior to Prop 47, the state of California was under a federal court order to reduce prison populations. Without Prop 47, the really bad guys would have gotten out of jail instead of the *small time criminals*. Now THAT would have been a disaster!
Prior to Prop 47, California taxpayers were spending tens of thousands of dollars a year on EACH person who was convicted of things such as writing a bad check.
Prior to Prop 47, non-violent crimes would result in long term prison sentences, which separated working parents from their families. Not only was that in itself a bad thing BUT the cost to taxpayers to subsidize these families in welfare and food stamps costs millions of dollars a year.
Prop 47 is estimated to save taxpayers HUNDREDS of MILLIONS of dollars a YEAR!
It also results in net state criminal justice system savings that could reach the low hundreds of millions of dollars annually. These savings would be spent on school truancy and dropout prevention, mental health and substance abuse treatment, and victim services. THAT IS THE LAW!
It also means net county criminal justice system savings that could reach several hundred million dollars A YEAR! These are win/win items for everyone, and especially for Conservatives!
Now, are you ready for the really big news?
Prop 47 does not apply to dangerous, repeat offenders.
It does not apply to sex offenders.
It does not apply to murderers or other violent offenders. Ever.
There are VERY few crimes that are covered under Prop 47.
The ONLY crimes that Prop 47 covers are:
1.) GRAND THEFT
BEFORE Prop 47, it was property worth up to $950.00.
BEFORE Prop 47, it could be a misdemeanor or a felony.
NOW Grand Theft of $950.00 or less is charged as a Petty Theft – a misdemeanor.
NOW Anything over $950.00 is still Grand Theft – usually a felony, but not always.
2.) SHOPLIFTING
BEFORE Prop 47, shoplifting up to $950.00 was usually a misdemeanor – sometimes it could have been a felony because sometimes, it could have also resulted in a burglary charge.
NOW, all shoplifting $950.00 or less is ALWAYS a misdemeanor and can never be considered a burglary. Not much of a change really. Either way it is still a crime.
3.) RECEIVING STOLEN PROPERTY
BEFORE Prop 47, receiving stolen property of ANY dollar amount could have been either a felony or a misdemeanor.
NOW, receiving stolen property of $950.00 or less is always a misdemeanor and over $950.00 will be just like before, a felony or a misdemeanor. Either way it is still a crime.
4.) WRITING BAD CHECKS
BEFORE Prop 47, writing a bad check was generally a misdemeanor. However, if the check was worth more than $450.00, or if the offender had previously committed a crime related to forgery, it was a wobbler crime. Meaning it could have gone either way.
NOW, it is a misdemeanor to write a bad check unless the check is worth more than $950 or the offender had previously committed three forgery related crimes, in which case it would remain a wobbler crime. Either way it is still a crime.
5.) CHECK FORGERY
BEFORE Prop 47, it was a wobbler crime to forge a check of any amount.
NOW, forging a check worth $950 or less would always be a misdemeanor, except that it would remain a wobbler crime if
the offender commits identity theft in connection with forging a check. Either way it is still a crime.
6.) DRUG POSSESSION
BEFORE Prop 47, possession (not sales) for (small) personal use of most illegal drugs was a misdemeanor, a wobbler, or a felony – depending on the amount and type of drug.
NOW, possession of a small amount of illegal drugs is always a misdemeanor. Either way it is still a crime.
Again, this is for personal use possession only, and not sales.
By the way, it was Republican Governor Arnold Schwarzenegger, in 2010, who reduced the penalty for the possession of one ounce or less of marijuana from a felony to an infraction (like a speeding ticket). It was not Prop 47.
Prop 47 gives people in jail and in prison the ability to APPLY for resentencing and to have their records cleared of felonies – only for the crimes covered under Prop 47. Those applications are not automatically approved and not everyone will be approved – especially if they are violent criminals.
THAT is Prop 47. Does it sound to you like Fresno County is falling apart because of Prop 47?
NO!
Additionally, you need to know that ALL crimes are STILL crimes. And misdemeanors can STILL result in up to one year in jail.
There is nothing in Prop 47 that says a crime is not a crime any more. And there is nothing in Prop 47 that says no one can get jail time and/or fines.
The state and the county will save a LOT of money because of Prop 47. This is not just because of the reduced sentencing, but also because of reduced court costs and reduced supervision costs – after time has been served.
Personally, I supported Prop 47 not just because of the hundreds of millions of dollars that it saves taxpayers, but also because it opens up a lot of funding for mental health services, drug rehab and victim services. We should all support that.
We should all be very upset that so many people are using Prop 47 as an excuse for an increase in crime.
Maybe if we had a better economy, people wouldn’t be out there writing bad checks and doing stupid things? Maybe if we didn’t allow those who are here in violation of federal law, off the hook for everything – we could slow down some of the most violent crimes?
It is very disturbing to see, when you read thru the actual Fresno County crime statistics, that these crimes HAVE NOT increased since November 2014 (when the law was passed). Even more disturbing is that Fresno County STOPPED publishing crime statistics two months after the passage of Prop 47.
I am most grateful to Prop 47 because it gives our overburdened law enforcement people the ability and the time and the resources to go after hardened and dangerous and violent offenders – who are not covered by Prop 47 at all.
I have always had great experiences with law enforcement and have the highest respect for them. I truly believe we must make sure that every aspect of law enforcement is fully funded, but that funding should not be based on lies and fear – or politics. That funding should not be based upon what a candidate promises law enforcement officials in exchange for an endorsement – or anything else.
It should be based on real figures and real facts.
The fact is, we will be saving a lot of money due to Prop 47 and I want to see our law enforcement go after the real criminals. The dangerous criminals.
