Prop
47

Criminal Sentences. Misdemeanor Penalties. Initiative Statute.

Argument in Favor of Proposition 47

PROPOSITION 47 IS SUPPORTED BY LAW ENFORCEMENT, CRIME VICTIMS AND TEACHERS.

We in the law enforcement community have come together in support of Proposition 47 because it will:

  • Improve public safety.
  • Reduce prison spending and government waste.
  • Dedicate hundreds of millions of dollars to K–12 schools, crime victim assistance, mental health treatment and drug treatment.

Proposition 47 is sensible. It focuses law enforcement dollars on violent and serious crime while providing new funding for education and crime prevention programs that will make us all safer.

Here's how Proposition 47 works:

  • Prioritizes Serious and Violent Crime: Stops wasting prison space on petty crimes and focuses law enforcement resources on violent and serious crime by changing low-level nonviolent crimes such as simple drug possession and petty theft from felonies to misdemeanors.
  • Keeps Dangerous Criminals Locked Up: Authorizes felonies for registered sex offenders and anyone with a prior conviction for rape, murder or child molestation.
  • Saves Hundreds of Millions of Dollars: Stops wasting money on warehousing people in prisons for nonviolent petty crimes, saving hundreds of millions of taxpayer funds every year.
  • Funds Schools and Crime Prevention: Dedicates the massive savings to crime prevention strategies in K—12 schools, assistance for victims of crime, and mental health treatment and drug treatment to stop the cycle of crime.

For too long, California's overcrowded prisons have been disproportionately draining taxpayer dollars and law enforcement resources, and incarcerating too many people convicted of low-level, nonviolent offenses.

The objective, nonpartisan Legislative Analyst's Office carefully studied Proposition 47 and concluded that it could save “hundreds of millions of dollars annually, which would be spent on truancy prevention, mental health and substance abuse treatment, and victim services.”

The state spends more than $9,000,000,000 per year on the prison system. In the last 30 years California has built 22 new prisons but only one university.

Proposition 47 invests in solutions supported by the best criminal justice science, which will increase safety and make better use of taxpayer dollars.

We are:

  • The District Attorney of San Francisco, former Assistant Police Chief for the Los Angeles Police Department, and former Chief of Police for San Francisco.
  • The former Chief of Police for the cities of San Diego, San Jose, and Richmond.
  • A crime survivor, crime victims' advocate, and widow of a San Leandro police officer killed in the line of duty.

We support Proposition 47 because it means safer schools and neighborhoods.

Joining us in our support of Proposition 47 are other law enforcement leaders and crime victims, teachers, rehabilitation experts, business leaders, civil rights organizations, faith leaders, conservatives and liberals, Democrats, Republicans and independents.

Please join us, and VOTE YES ON PROPOSITION 47.

For more information or to ask questions about Proposition 47 we invite you to visit VoteYes47.com.

George Gascon, District Attorney
City and County of San Francisco

William Lansdowne, Former Chief of Police
San Diego, San Jose, Richmond

Dionne Wilson, Victims' Advocate
Crime Survivors for Safety & Justice

Rebuttal to Argument in Favor of Proposition 47

This isn't just a poorly written initiative. It is an invitation for disaster. Prosecutors and those concerned about protecting the innocent from violent sexual abuse, identity theft and other serious crimes overwhelmingly oppose Prop. 47. Some opponents include:

  • California Coalition Against Sexual Assault
  • California District Attorneys Association
  • California Fraternal Order of Police
  • California Peace Officers Association
  • California Police Chiefs Association
  • California Retailers Association
  • California State Sheriffs' Association
  • Crime Victim Action Alliance
  • Crime Victims United of California

Regardless of what Prop. 47 supporters intend or say, these respected law enforcement and victims' rights groups want you to know these hard, cold facts:

  1. Prop. 47 supporters admit that 10,000 inmates will be eligible for early release. They wrote this measure so that judges will not be able to block the early release of these prison inmates, many of whom have prior convictions for serious crimes, such as assault, robbery and home burglary.
  2. It's so poorly drafted that illegal possession of “date-rape” drugs will be reduced to a “slap on the wrist.”
  3. Stealing any handgun valued at less than $950 will no longer be a felony.
  4. California Retailers Association President Bill Dombrowski says “reducing penalties for theft, receiving stolen property and forgery could cost retailers and consumers millions of dollars.”
  5. There are no "petty" criminals in our prisons any more. First-time, low-level drug offenders are already sent to diversion programs, not prison.

Protect our communities. Vote NO on Prop. 47.

Sandra Henriquez, Executive Director
California Coalition Against Sexual Assault

Adam Christianson, President
California State Sheriffs' Association

Roger Mayberry, President
California Fraternal Order of Police

Argument Against Proposition 47

California law enforcement, business leaders, and crime-victim advocates all urge you to vote NO on Proposition 47.

Proposition 47 is a dangerous and radical package of ill-conceived policies wrapped in a poorly drafted initiative, which will endanger Californians.

The proponents of this dangerous measure have already admitted that Proposition 47 will make 10,000 felons eligible for early release. According to independent analysis, many of those 10,000 felons have violent criminal histories.

Here is what Prop. 47's backers aren't telling you:

  • Prop. 47 will require the release of thousands of dangerous inmates. Felons with prior convictions for armed robbery, kidnapping, carjacking, child abuse, residential burglary, arson, assault with a deadly weapon, and many other serious crimes will be eligible for early release under Prop. 47. These early releases will be virtually mandated by Proposition 47. While Prop. 47's backers say judges will be able to keep dangerous offenders from being released early, this is simply not true. Prop. 47 prevents judges from blocking the early release of prisoners except in very rare cases. For example, even if the judge finds that the inmate poses a risk of committing crimes like kidnapping, robbery, assault, spousal abuse, torture of small animals, carjacking or felonies committed on behalf of a criminal street gang, Proposition 47 requires their release.
  • Prop. 47 would eliminate automatic felony prosecution for stealing a gun. Under current law, stealing a gun is a felony, period. Prop. 47 would redefine grand theft in such a way that theft of a firearm could only be considered a felony if the value of the gun is greater than $950. Almost all handguns (which are the most stolen kind of firearm) retail for well below $950. People don't steal guns just so they can add to their gun collection. They steal guns to commit another crime. People stealing guns are protected under Proposition 47.
  • Prop. 47 undermines laws against sex-crimes. Proposition 47 will reduce the penalty for possession of drugs used to facilitate date-rape to a simple misdemeanor. No matter how many times the suspected sexual predator has been charged with possession of date-rape drugs, it will only be a misdemeanor, and the judge will be forced to sentence them as if it were their very first time in court.
  • Prop. 47 will burden our criminal justice system. This measure will overcrowd jails with dangerous felons who should be in state prison and jam California's courts with hearings to provide "Get Out of Prison Free" cards.

California has plenty of laws and programs that allow judges and prosecutors to keep first-time, low-level offenders out of jail if it is appropriate. Prop. 47 would strip judges and prosecutors of that discretion. When a career criminal steals a firearm, or a suspected sexual predator possesses date rape drugs, or a carjacker steals yet another vehicle, there needs to be an option besides a misdemeanor slap on the wrist.

Proposition 47 is bad for public safety. Please vote NO.

Christopher W. Boyd, President
California Police Chiefs Association

Harriet Salarno President
Crime Victims United

Gilbert G. Otero, President
California District Attorneys Association

Rebuttal to Argument Against Proposition 47

Don't be fooled by the opposition's deceptive scare tactics:

Proposition 47 does not require automatic release of anyone. There is no automatic release. It includes strict protections to protect public safety and make sure rapists, murderers, molesters and the most dangerous criminals cannot benefit.

Proposition 47 maintains penalties for gun crimes. Under Prop. 47, possessing a stolen concealed gun remains a felony. Additional felony penalties to prevent felons and gang members from obtaining guns also apply.

Proposition 47 does not reduce penalties for any sex crime. Under Prop. 47, using or attempting to use any kind of drug to commit date rape or other felony crimes remains a felony.

We have been on the frontlines fighting crime, as police chiefs of major cities, a top prosecutor, and a victims' advocate working with thousands of victims across California. We support Proposition 47 because it will:

  • Improve public safety.
  • Reduce prison spending and government waste.
  • Dedicate hundreds of millions of dollars to K—12 schools, victims and mental health treatment.

Don't believe the scare tactics. Proposition 47:

  • Keeps Dangerous Criminals Locked Up. Authorizes felonies for sex offenders and anyone with a prior conviction for rape, murder or child molestation.
  • Prioritizes Serious and Violent Crime. Stops wasting prison space on petty crimes and focuses resources on violent and serious crime.
  • Provides new funding for education and crime prevention.

Proposition 47 is sensible. That is why it is supported by law enforcement, crime victims, teachers, rehabilitation experts, business leaders, and faith leaders.

George Gascon, District Attorney
City and County of San Francisco

William Lansdowne, Former Chief of Police
San Diego, San Jose, Richmond

Dionne Wilson, Victims' Advocate
Crime Survivors for Safety & Justice

Arguments printed on this page are the opinions of the
authors and have not been checked for accuracy by any official agency.

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