Proposition 47, passed by California voters in November 2014, was one of the most significant changes to California theft law in decades. Codified at Penal Code section 490.2, Prop 47 reclassified theft of property valued at $950 or less as misdemeanor petty theft, with limited exclusions. This page explains how PC 490.2 works, when it applies, who is excluded, and how retroactive resentencing under PC 1170.18 can reclassify prior felony theft convictions.

What PC 490.2 actually says

The statute reads, in operative part: “Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor.”

The plain text reclassifies most thefts under $950 as misdemeanors, even where the prior statutory framework (PC 487, PC 484) would have allowed felony charging.

Exclusions: who does NOT get the Prop 47 benefit

PC 490.2(b) carves out two main exclusion categories:

Prior serious or violent felony convictions. Defendants with one or more prior convictions for offenses listed in PC 667(e)(2)(C)(iv) (so-called “super strikes,” which include murder, attempted murder, certain certain serious offenses, and gun-related serious felonies) are excluded from Prop 47 misdemeanor treatment.

certain registrable offenses. Defendants required to register as individuals required to register under PC 290(c) are excluded.

Most defendants without those specific prior categories receive the misdemeanor benefit even with other felony priors.

Property types that still require grand theft charging

Some property categories are excluded by other statutes:

Firearms. PC 487(d)(2) makes firearm theft grand theft regardless of value, and Prop 47 expressly does not apply.

Vehicles. The interplay between PC 487(d)(1) and PC 490.2 has produced significant litigation. People v. Page (2017) 3 Cal.5th 1175 held that auto theft under $950 is petty theft under Prop 47 unless the conduct also constitutes a violation of another statute (like Vehicle Code § 10851 joyriding, which has its own rules).

Retroactive resentencing under PC 1170.18

One of Prop 47’s biggest practical impacts is the ability to seek retroactive reduction of prior felony convictions. Under PC 1170.18, defendants currently serving sentences or who have completed sentences for offenses that would now be misdemeanors under Prop 47 can petition the original sentencing court for reduction.

The two-step framework:

Step 1: Eligibility. The defendant must show that the offense of conviction would have been a misdemeanor under Prop 47 if it had been in effect at the time of the offense. Property value must be under $950 (or any of the other Prop 47-eligible offense types: simple drug possession under HSC § 11350/11357/11377, check fraud under PC 470/473, receiving stolen property under $950 under PC 496).

Step 2: Dangerousness check (for currently serving petitioners). If the defendant is still serving the sentence, the court must determine that reducing the sentence would not pose an unreasonable risk of danger to public safety. For petitioners who already completed their sentences, this step is skipped.

The deadline for the discretionary “complete sentence” petitions was extended several times and the current rule under PC 1170.18(j) generally allows petitions after the original deadline upon a showing of good cause.

Effect on felony record

A successful PC 1170.18 reduction redesignates the prior conviction as a misdemeanor for all purposes, including firearm rights, immigration consequences (though federal immigration courts apply their own analysis), licensing, and housing. The original record is not erased, but the conviction is treated as a misdemeanor going forward.

Practical defense applications

For current cases: PC 490.2 means that almost any theft case under $950, even of property types that historically were grand theft, should be charged as a misdemeanor in most circumstances. If the prosecutor has charged as a felony, a motion to reduce to misdemeanor under PC 17(b) plus Prop 47 framing is often viable.

For prior convictions: PC 1170.18 retroactive resentencing can clean up a felony record, restore firearm rights (subject to federal law), and remove a significant employment and housing barrier. The petition is filed in the original sentencing court.

The Law Office of Zak Fisher is a Los Angeles criminal defense practice. This page is general legal information about California Penal Code § 490.2 and Proposition 47, not legal advice for any specific matter. Past results do not guarantee a similar outcome in your case. No attorney-client relationship is formed without a signed engagement letter. Attorney Advertising. Zak Fisher, Esq., California Bar No. 332712.

Penal Code § 490.2: Prop 47 Petty Theft in California