5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

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1 1. What is Proposition 47? On November 4, 2014, the voters of California passed Proposition 47, a law that reduces some felonies to misdemeanors. 2. Can I get my felony reduced to a misdemeanor? You may be able to have your most recent case, and any earlier cases, changed from felonies to misdemeanors if you were convicted of the following charges: Commercial Burglary of a Store During Regular Business Hours (PC 459) Forgery (PC 473) Fraud/Bad Checks (PC 476a) Grand Theft (PC 487) Petty Theft/Shoplifting (PC 484/666) Possession of Methamphetamine (HS 11377) Possession of Cocaine or Heroin (HS 11350) Possession of Concentrated Cannabis (HS 11357(a)) Receiving Stolen Property (PC 496) Shoplifting (PC 484/666) For theft charges to be reduced, the amount stolen must have been less than $950. Also, the court will not change your charges from felonies to misdemeanors if you have certain strike priors, or if you are required to register pursuant to Penal Code section 290(c). 3. Who can t have their cases reduced from felonies to misdemeanors? Charges will not be reduced for anyone who has certain priors, and for most people who are registered sex offenders. A list of most of the convictions that will prohibit the court from reducing your charges is included at the end of this form. 4. Will there be a court hearing? If there is any question about whether your felony case(s) should be reduced, there may be a court hearing where you will be represented by an appointed lawyer or any lawyer you hire. 5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail? It is possible you may be released from jail. The maximum jail time for most misdemeanors is one year in jail. However, if you have other cases or charges that are holding you in custody, you will not be released even if you receive a reduction on one or more charges.

2 6. If I m in prison and my case is reduced from a felony to a misdemeanor, will I get out of prison? If you have no other charges keeping you in state prison, you may be released from prison. If your case is reduced to a misdemeanor, your maximum sentence is no more than a year in county jail. You cannot be sentenced to prison on a misdemeanor, but you can be sentenced to county jail. 7. If my case is reduced from a felony to a misdemeanor, will I be on probation or parole when I am released from jail or prison? This will depend on the type of sentence you received before, and the decision will be made by the judge who resentences you. If you are resentenced, you should receive a Minute Order from the court before you are released. The Minute Order will say what happened in court. Read it carefully to see if you have been ordered to report to probation or parole when you are released. If the Minute Order says you need to report on probation or parole, you must report even if you think there has been a mistake. You will also have to comply with any conditions that are ordered by the Court, probation or parole. 8. If my case is reduced to a misdemeanor, will I still have to pay restitution? Yes. Any restitution orders will remain in full force and effect. However, your fines may be decreased due to the reduction. Please check your Minute Order when you are released to see how much you owe. 9. If my felony is reduced to a misdemeanor, can I vote? Probably. To vote in the state of California, you must be 18 years or older and a state resident. You can even vote while you are still on probation. However, you cannot be: in prison, on parole, currently serving a local state prison sentence in county jail, currently serving a split sentence (this is sometimes called Mandatory Supervision ), or on Post Release Community Supervision. For more information about where you can pick up an application to register to vote, or to register to vote on line, go to:

3 10. If my felony is reduced to a misdemeanor, what should I put on a job, school, licensing, or military application if there is a question about whether I have a felony conviction? According to the new law, any felony conviction that is recalled and resentenced or designated as a misdemeanor is a misdemeanor for all purposes, except for your ability to own a gun. 11. How does a reduction from a felony to a misdemeanor change benefits like student financial aid or HUD housing? In general, it is better to have a misdemeanor than a felony on your record. However, this may depend on whether your misdemeanor record includes drug offenses. For more detailed information, please see: or If I do not have any felonies on my record, can I serve on jury duty? Probably. The law does not let people serve on juries if they have felonies, or if they have committed malfeasance in a public office. 13. If I have my cases reduced to misdemeanors, can I have a gun? No. Even if your felonies are reduced, it will still be a crime for you to own or possess a gun. 14. Now that I don t have a felony, I do not have funding for my drug treatment or mental health treatment. Where can I go for help with my drug, alcohol, or mental health issues? For information about services, you can call the Access and Crisis line at This line is available 24 hours a day, 7 days a week. 15. I have questions about my cases and Proposition 47. Who can I call for help? Please call the Office of the Primary Public Defender at (619) and ask to speak to someone about Proposition 47. The Office of the Primary Public Defender will assist you, even if you had an attorney from the Office of the Alternate Public Defender, a court appointed panel attorney, or you retained an attorney and now cannot afford to pay the attorney for assistance.

4 EXCLUDABLE OFFENSES (non-exclusive list): Charges P.C. 187 P.C (a) P.C (b) P.C. 192(c)(3) P.C. 205 P.C. 206 Murder (and attempted murder see P.C , below) Gross Vehicular Manslaughter While Intoxicated Vehicular Manslaughter While Intoxicated (formerly P.C. 192(c)(3)) Vehicular Manslaughter While Intoxicated (now P.C (b)) [P.C. 192(c)(3) was renumbered to P.C (b) effective 1/1/2007. P.C provides that an offense specified as a prior felony conviction by reference to a specific code section shall include any prior felony conviction under any predecessor statute of that specified offense that includes all of the elements of that specified offense. Since P.C is specified in Prop 36, its predecessor statute also qualifies.] Aggravated Mayhem (a life crime) Torture (a life crime) P.C. 207 Kidnapping (if the intent is to commit P.C. 261, 262, 264.1, 286, 288, 288a, or 289) P.C. 209(a) Kidnapping for Ransom or Extortion (a life crime) P.C. 209(b) P.C P.C (b) P.C. 218 P.C. 219 P.C. 220 P.C (b) P.C (c) P.C P.C. 245(d)(3) P.C. 261(a)(1), (2), (3), (4) & (6) P.C. 262 P.C P.C. 266 Kidnapping to Commit Robbery or a Sex Crime (a life crime) Kidnapping in the Commission of Carjacking (a life crime) Attempted Murder of a Gov t Official (a life crime) Acting With Intent to Derail or Wreck a Train (a life crime) Derailing or Wrecking a Train (a life crime) Assault With Intent to Commit a Sex Crime (but not mayhem) Human Trafficking With the Intent to Effect a Specified Violation (e.g., pimping, pandering, obscene matter) Human Trafficking Involving Inducing a Minor to Commit a Commercial Sex Act Sexual Battery Assault on a Peace Officer or Firefighter Rape (except submitting under false belief (a)(5) or threatening to use the authority of a public official (a)(7)) Spousal Rape (if by force, violence, duress, menace, or threat to retaliate) Rape or Sexual Penetration in Concert Enticing or Procuring a Female for Prostitution or Illicit Purposes

5 Charges P.C. 266c P.C. 266h(b) P.C. 266i(b) P.C. 266j P.C. 267 P.C. 269 P.C. 272 P.C. 273ab P.C. 285 P.C. 286 P.C. 288 P.C. 288a P.C P.C P.C P.C P.C P.C. 289 P.C P.C (b) P.C (c) P.C (d) P.C P.C P.C Inducing a Sex Act by a False Representation Creating Fear Pimping Involving a Victim/Prostitute Who is a Minor Pandering Involving a Victim/Prostitute Who is a Minor Providing or Transporting a Child Under Age 16 for a Lewd Act Abducting a Minor for Purposes of Prostitution Aggravated Sexual Assault of a Child (a life crime) Contributing to the Delinquency of a Minor if Lewd or Lascivious Conduct is Involved Assault on a Child Under Age 8 That Results in Death (a life crime) Incest Sodomy Lewd or Lascivious Act on a Minor or Dependent Person Oral Copulation Distributing or Exhibiting Harmful Matter to a Minor for the Purpose of Seduction (only a felony violation of P.C is Prop. 47 disqualifier) Contacting or Communicating With a Minor or Person Believed to be a Minor for Purposes of Engaging in Lewd Behavior Arranging a Meeting With a Minor or Person Believed to be a Minor for Purposes of Engaging in Lewd Behavior Continuous Sexual Abuse of a Child Sex Act With a Child Age 10 or Younger (a life crime) Sexual Penetration Person Under Age 18, With the Intent to Distribute or Exhibit Person Under Age 18, With the Intent to Distribute or Exhibit, for Commercial Consideration Person Under Age 18, With the Intent to Distribute or Exhibit to a Person Age 18 or Older Person Under Age 18, With the Intent to Distribute or Exhibit to a Person Under Age 18 Sexual Exploitation of a Child Using or Permitting a Minor to Pose or Model for Obscene Matter Advertising for Sales or Distribution Obscene Matter Depicting a Person Under Age 18

6 Charges P.C P.C & P.C P.C. 368(d) P.C. 368(e) P.C P.C (formerly P.C. 647a) P.C. 653f(b) P.C. 653f(c) P.C. 664 P.C P.C P.C P.C P.C P.C P.C (b)(1) P.C (b)(2) P.C (d) P.C Possession of Child Pornography Indecent Exposure Elder or Dependent Adult Fraud by a Non-Caretaker (applies only to P.C. 666 offenses) Elder or Dependent Adult Fraud by a Caretaker (applies only to P.C. 666 offenses) Aggravated Arson (a life crime) Annoying or Molesting a Child Under Age 18 or Engaging in Such Conduct With an Adult Who is Believed to be a Minor Solicitation to Commit Murder Solicitation to Commit a Specified Sex Crime Attempt to Commit Any Offense Specified in P.C. 290(c) Attempted Murder, With or Without Premeditation Any Sex Crime Punishable Pursuant ot P.C (One-Strike Sex Offender) (a life crime) Any Crime Punishable Pursuant to P.C (Habitual Sex Offender) (a life crime) Any Crime Punishable Pursuant to P.C (Habitual Sex Offender) (a life crime) Assault By a Life Prisoner on a Non-inmate (a life crime) Possession of a Weapon of Mass Destruction as defined in Section 11418(a)(1) [Many acts with respect to weapons of mass destruction (e.g., using or employing ) may involve possession.] Using or Employing a Weapon of Mass Destruction in a Form That May Cause Widespread, Disabling Illness or Injury in Humans (a life crime) Using or Employing a Weapon of Mass Destruction in a Form That May Cause Widespread GBI or Death, and Actually Causing the Death of a Human (a life crime) Any Felony to Which a P.C (d) Firearm Use Enhancement Attaches (25 years to life for intentionally discharging a firearm that proximately causes GBI or death) Exploding a Destructive Device with the Intent to Commit Murder [Formerly P.C ] (a life crime)

7 Charges P.C (a) P.C (b) P.C P.C (a) P.C b Military & Vets. 1670/1672(a) Military & Vets. 1671/1672(a) Exploding a Destructive Device or Explosive Causing Death [Formerly P.C (a)] (a life crime) Exploding a Destructive Device or Explosive Causing GBI or Mayhem [Formerly P.C (b)] (a life crime) Exploding a Destructive Device with the Intent to Commit Murder [Now P.C ] (a life crime) Exploding a Destructive Device or Explosive Causing Death [Now P.C (a)] (a life crime) Exploding a Destructive Device or Explosive Causing Death or Mayhem [Now P.C (b)] (a life crime) Sabotage: Hindering or Delaying Preparation for Defense or War, and Causing Death or GBI (a life crime) Sabotage: Making or Omitting to Note Defects in Things Intended to be Used for Defense or War, and Causing Death or GBI (a life crime)