TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager
1. Subject
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Consideration of a City Council resolution memorializing the Orange City Council’s desire to reform Proposition 47.
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2. Summary
Resolution No. 11537 memorializes the Orange City Council’s desire to reform Proposition 47.
3. Recommended Action
recommendation
1. Receive and file an analysis on Proposition 47, The Homelessness, Drug Addiction, and Theft Reduction Act, as well as related pieces of legislation from Townsend Public Affairs.
2. Consider the adoption of Resolution No. 11537. A Resolution of the City Council of the City of Orange, California, supporting Proposition 47 reform.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 3: Enhance and Promote Quality of Life in the Community
e. Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.
6. Discussion and Background
On March 12, 2024, the Orange City Council directed staff to bring back an item memorializing the Orange City Council’s opposition to Proposition 47. Provided is a summary of Proposition 47.
Proposition 47 - November 4, 2014 General Election
California voters approved Proposition 47 - Criminal Sentences. Misdemeanor Penalties. Initiative Statute (Prop. 47) at the November 4, 2014, General Election with 59.6% in favor and 40.4% not in favor.
Prop. 47 classified certain crimes as misdemeanors instead of felonies unless the defendant had prior convictions for murder, rape, certain sex offenses, or certain gun crimes. Affected crimes include:
• Shoplifting, where the value of property stolen does not exceed $950.
• Grand theft, where the value of the stolen property does not exceed $950.
• Receiving stolen property, where the value of the property does not exceed $950.
• Forgery, where the value of a forged check, bond or bill does not exceed $950.
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950.
• Writing a bad check, where the value of the check does not exceed $950.
• Personal use of most illegal drugs.
Additionally, Prop. 47 also implemented the following:
• Permitted re-sentencing for those serving a prison sentence for any of the offenses that the initiative reduced to misdemeanors.
• Required criminal history review and risk assessment before re-sentencing to ensure the individual does not pose a risk to the public.
• Created a Safe Neighborhoods and Schools Fund.
• Distributed funds from the Safe Neighborhoods and Schools Fund as follows: 25% to the Department of Education, 10% to the Victim Compensation and Government Claims Board, and 65% to the Board of State and Community Correction.
This November will be the 10th year since Prop. 47 was approved. In January 2024, the Public Policy Institute of California (PPIC) - a nonprofit and nonpartisan thinktank - provided testimony to the Little Hoover Commission - an independent state oversight agency. The testimony demonstrated changes in shoplifting and commercial burglary levels prior to, and after 2014. PPIC reported that while shoplifting has varied across the state, increases in commercial burglary are more widespread with Orange County experiencing a 98% increase since 2014. Attached is the PPIC report for reference.
Current efforts to amend Prop. 47 include Assembly Bill 1787 (Villapudua) and “The Homelessness, Drug Addiction, and Theft Reduction Act” initiative that is currently gathering signatures (For reference, summaries, and proposed language for both are attached to this report). The draft resolution memorializes the City Council’s desire to reform Prop. 47 through ballot initiatives and legislative vehicles to place future measures on the ballot.
7. ATTACHMENTS
• Resolution No. 11537
• Public Policy Institute of California Retail Theft in California Testimony
• Assembly Bill 1787 Summary (as of March 18, 2024)
• The Homelessness, Drug Addiction, and Theft Reduction Act