CLEARLAKE >> Since the implementation of Proposition 47, five Clearlake jury cases that were in preparation for trial were vacated and suspects up for arrest were issued citations and released. Furthermore prosecution has declined and “suspects are back on the streets quicker,” according to Clearlake Police Chief Craig Clausen.
The effects of the proposition, passed by voters during the Nov. 4, 2014 general election, have troubled law enforcement officers around the lake. The measure reduced many felony crimes to misdemeanors and allowed those in custody under the reduced crimes to appeal for release. After its approval by the voters, the law was immediately implemented at midnight of Nov. 5.
“Usually we have time to prepare and ramp up for these kind of things,” Clausen explained to the Clearlake City Council during a presentation on the matter Thursday night. “But with this we didn’t have that.”
Under Prop 47, crimes such as forgery, grand theft, the receipt of stolen property, fraud and writing a bad check, and theft — including theft of a weapon — were all reduced from felonies to misdemeanors as long as the value for each crime does not exceed $950.
Additionally, the personal use of most illegal drugs was reduced to a misdemeanor.
Multiple bills are being proposed to reverse some of the affects of Prop 47, Clausen said.
Among those legislative acts are AB 150, which would make stealing a gun a felony crime; AB 46 and SB 333 would allow felony charges for possessing certain date-rape drugs; AB 1140 would permit search warrants to be issued for misdemeanors crimes that were previously felonies and AB 390 would require DNA samples to be provided by persons convicted of specific misdemeanors.
Under state law, DNA samples are only required of people convicted of felonies, Clausen explained.
“Since [Prop 47] was approved by the voters, these have to go back to the voters,” Clausen said. “And we won’t get the all-in-one aspect that Prop 47 did.”
Contact J. W. Burch, IV at 900-2022.
