Sen. Smallwood-Cuevas Introduces Bill to Eliminate Prop 47 Limits
SACRAMENTO – Senator Lola Smallwood-Cuevas (D-Los Angeles) has introduced SB 749 to eliminate the deadline to apply for reducing old low-level, non-violent crime felony convictions to misdemeanors under voter-approved Proposition 47.
The legislation would enable Californians with low-level felony convictions to move past more than 5,000 permanent restrictions placed on their lives, positioning them to more fully participate in the state’s economy and communities.
Sponsored by Californians for Safety and Justice, one of the original co-authors of Proposition 47 when it was overwhelmingly approved by Californian voters in 2014, the bill would also ensure that those eligible to reduce an old felony on their record to a misdemeanor have the opportunity to do so.
“An old conviction on a person’s record often does not reflect the reality of who someone is and what they have accomplished, and they should not be a barrier to opportunity for families and communities,” said Senator Smallwood-Cuevas. “Permanently barring someone from jobs, housing, educational opportunities and other keys to stability and economic security undermines our collective ability to progress toward a better, safer future.”
Proposition 47 changed the penalty for simple drug possession and five petty-theft related crimes from a felony to a misdemeanor. The law allows people with prior felony convictions for the crimes impacted by Proposition 47 to have those convictions reclassified as misdemeanors.
Nationally, there are more than 40,000 different restrictions placed permanently on people with felony convictions, including more than 5,000 in California alone. These restrictions create barriers to jobs, housing and educational opportunities, making a successful reentry difficult and increasing the likelihood of recidivism. Rather than keeping communities safe, these restrictions make it harder for Californians to rebuild productive and full lives.
Proposition 47 is the largest opportunity in U.S. history for people to reduce past felony convictions on their records, and as many as one million Californians may be eligible. So far, nearly 400,000 people have filed applications for record reduction.
“Preventing people living with a past conviction from positively contributing to their families and our communities makes us all less safe,” said Tinisch Hollins, Executive Director of Californians for Safety and Justice. “After someone has completed their sentence and paid their debts, we cannot continue to allow old legal records to create barriers to opportunity that destabilize families, undermine our economy, and worsen racial injustices. We must prioritize our collective health and safety by ensuring all eligible Californians are able to take advantage of this historic opportunity presented by Proposition 47,
not perpetuate the leftover harm from failed criminal justice system policies of the past that voters have repeatedly rejected. If we as a society believe in a person’s ability to rehabilitate themselves and return to the community, we cannot continue blocking them from opportunities to do so.”
In addition to providing opportunities to reduce old felonies to misdemeanors, Proposition 47 has also saved nearly $750 million from the resulting reduction in incarceration since its implementation, money that has been reinvested into community-based crime prevention programs, truancy and dropout prevention programs for at-risk schoolchildren and trauma recovery services for victims of crime. Proposition 47 is expected to save at least $100 million annually in perpetuity.
Senator Lola Smallwood Cuevas represents the 28th Senate District, which includes the communities of South Los Angeles, Culver City, West Los Angeles, Century City and Downtown Los Angeles. Senator Smallwood-Cuevas spent more than two decades serving as a labor organizer, civil rights activist and community advocate before her election to the State Senate. She resides in the View Park community of Los Angeles with her family.
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