AB 2369: Proposition 47: repeat offenses within 12 months.

Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced certain felonies to misdemeanors, including possession of specified controlled substances and theft of a firearm with a value under $950.

This bill would authorize the prosecution to charge a person with a felony if the person has been previously convicted 2 or more times in the 12-month period of the crimes reduced to a misdemeanor by Proposition 47 or, if the crime being prosecuted is petty theft, when the person had been convicted of specified other crimes, including grand theft and carjacking, at least twice in the past 12 months. The bill would specify that, for purposes of determining the 12-month period, the date the crimes were committed is used, not the date of conviction. and the date that 2 or more of the prior crimes were committed was within 36 months of the date of the commission of the crime for which the person is being punished. The bill would also make it a felony grand theft, punishable in state prison as a felony, when any of the items taken include is a firearm.

The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.

This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at statewide general election.