By Shelley Zimmerman, Bonnie Dumanis and William Gore
There’s a reason why those of us in law enforcement, business leaders and crime victim advocates all oppose Proposition 47. This initiative may sound like a common sense approach, but in reality Prop 47 is a dangerous package of ill-conceived policies wrapped in a poorly drafted initiative that will endanger San Diegans.
The proponents of this radical initiative admit that Proposition 47 will make 10,000 felons eligible for early release. According to an independent analysis, the vast majority of those felons have violent criminal histories.
These are felons who have prior convictions for armed robbery, kidnapping, carjacking, child abuse, animal abuse, residential burglary, arson, assault with a deadly weapon, and many other serious crimes. These early releases will be virtually mandated by Proposition 47.
California’s courts will be jammed with hearings with requests for “Get Out of Prison Free” cards, burdening a court system that can barely handle its current caseload.
Prop 47 would also eliminate automatic felony prosecution for a criminal who steals a gun. Under current law, stealing a gun is a felony. Period. Prop 47 would redefine grand theft in such a way that theft of a firearm could only be considered a felony if the value of the gun is greater than $950.
Almost all handguns (which are the most stolen kind of firearm) retail for well below $950. People don’t steal guns just so they can add to their gun collection. They steal guns to commit another crime. In short, criminals who steal guns are protected under Prop 47.
Prop 47 undermines laws that are in place to prevent sex crimes. It reduces the penalty for possession of dangerous date-rape drugs to a simple misdemeanor. No matter how many times a sexual predator has been charged with possession of date-rape drugs, it will only be a misdemeanor and the judge will be forced to sentence them as if it were their very first time in court.
Prop 47 minimizes the impact of theft and forgery on the public and small businesses. A defendant with a prior residential burglary who forges a victim’s stolen check will only be charged with a misdemeanor if they keep the amount under $950.
As long as a criminal steals less than $950 worth of goods at one time, no matter how many times he or she steals from the same store, even if previously convicted of robbery, it will always be considered misdemeanor conduct. And then fencing that stolen property will be just a misdemeanor if caught with property valued under $950.
California already has plenty of laws and programs that allow judges and prosecutors to keep first-time, low-level offenders out of jail if it is appropriate. Prop 47 would strip judges and prosecutors of that discretion.
When a career criminal steals a firearm or a suspected sexual predator possesses date rape drugs, there needs to be an option other than a misdemeanor slap on the wrist.
This proposition is billed as the Safe Neighborhoods and Schools Act, yet nothing about the real life application of Prop 47 will translate to safer neighborhoods or safer schools.
Shelley Zimmerman is the police chief of San Diego, Bonnie Dumanis is the district attorney of San Diego County, and William Gore is the sheriff of San Diego County.
