Prop 47 Reform Bill Introduced by Assemblyman Hoover

by CC News December 15, 2022

written by CC News December 15, 2022

Hoover Introduced a bill to battle Prop 47

Assemblyman Josh Hoover (R-Folsom) has introduced AB 75, a bill aimed at increased penalties for prior crimes by giving voters the opportunity to reform Prop 47. The bill is aimed to increase penalties for serial theft offenses.

Hoover called the bill a chance to give voters a meaningful way to reform Prop 47 and address serial theft.

Under current law, only low-level penalties are charged no matter how many theft offenses are committed. This common sense change would allow a felony to be charged after three prior convictions of theft.

“My community has been directly impacted by the brazen retail theft on the rise throughout the state. Our small business owners and retailers deserve better, it’s time to pass AB 75 and restore some accountability in our criminal justice system,” said Hoover.

The bill was originally teased on December 5 when California State Republicans announced in their “California Promise” where the would be addressing Prop 47 and would seek to Restore Pre-Prop 47 Felonies.

Hoover introduced the bill as part of his legislative priorities.

“It’s time to set partisanship aside and work together to solve California’s greatest challenges,” Hoover said. “I look forward to working with my colleagues in the Legislature to restore accountability in our criminal justice system, make our communities safer, improve the academic outcomes of our students, and make life more affordable for the people we represent.”

Assemblyman Hoover’s legislative package includes bills to:

Restore pre-Proposition 47 penalties for serial petty theft crimes that are harming retailers and small businesses.
Give parents more control over their child’s education by reducing barriers for students looking to transfer out of underperforming schools.
Expand and stabilize career technical education (CTE) by increasing funding to ensure students have access to meaningful and diverse career pathways.
Prohibit homeless encampments within 500 feet of schools.
Incentivize housing production by providing a property tax bonus to cities and counties that approve projects and increase the supply of housing in their communities.

Prop 47 was also being addressed by a a member of the Democratic Party. On December 5, Assemblymember Al Muratsuchi (D-Torrance) introduced AB 23 which seeks to amend Proposition 47 and reduce the threshold amount for petty theft and shoplifting from $950 to $400.

According to the Bill:

LEGISLATIVE COUNSEL’S DIGEST

AB 75, as introduced, Hoover. Shoplifting: increased penalties for prior crimes.

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors in the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor.

Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years.

This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting.

This bill would require the Secretary of State to place the provisions of the bill that amend the initiative statute on the ballot for the November 5, 2024, statewide general election.