| Just as there was a decline of the Great Roman Empire, California and Orange County are moving in the same direction as we continue to not obey or enforce our own laws.
I hope to explain what is happening to local law enforcement as it is influenced by laws throughout California which the voters approved and the negative effect on our community safety.
Things began with the passage of three key bills by the leaders of our State legislature who represent us and were voted into office by the populous and then were approved by the voters of California. You be the judge on whether or not those that govern made the right decision for all of us and if the voters made the right choice at the polls.
The first, Proposition 47 titled “The Safe Neighborhoods and Schools Act” which had a very deceptive title. The reality was that Proposition 47 implemented three broad changes to felony sentencing laws. First, it reclassified certain theft and drug possession offenses from felonies to misdemeanors.
Second, it authorizes defendants currently serving sentences for felony offenses that now qualified as misdemeanors under proposition 47 to petition courts for resentencing under the new misdemeanor provisions.
Third, it authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors. Unfortunately, this did not make our neighborhoods any safer or protect our schools from drugs; it just made felonies a misdemeanor.
The reality is basically a majority of drug activity in our cities and neighborhoods are misdemeanors and not subject to arrest and conviction but are simply issued a misdemeanor ticket which very rarely is address by the courts.
If an individual in many cases is selling, buying or using drugs it falls into the category of a misdemeanor. No wonder there has been an increase in theft among all of our local cities in their neighborhoods. A person can easily steal to support their drug habit and not have to worry about being arrested and punished for their crimes of illegal drug use and robbery because these are misdemeanors and you get a ticket and the criminals are not held accountable.
In addition, to make things worse, if the theft is less than $950 it is also a just became a misdemeanor and no one is held accountable. No wonder crime is up in Orange County and our local communities. Our local stores have even told their employees to let criminals go when the see them steal something from a store because they know the crime will not be addressed by the courts. This creates a lawless environment for both our business and residential communities.
The bottom line is all felony convictions resentenced or reclassified as misdemeanors under the proposition are considered misdemeanors for all purposes, except that such relief does not permit the person to own, possess, or have in his or her custody or control any firearm which by the way is already a law.
Early impacts of Proposition 47 on the courts have been massive. The California superior courts received more than 200,000 petitions for resentencing or applications for reclassification during the first 13 months after voters approved Proposition 47. Meaning up to 200,000 felons being turned loose on our streets without fear of reprisals or consequences.
The report prepared by Judicial Council staff, highlights the impacts of the ballot measure on the courts during its implementation:
Theft Offenses
Proposition 47 created new misdemeanors and reclassified several felony theft offenses as misdemeanors.
· Shoplifting. The proposition creates a new misdemeanor offense called “shoplifting,” Shoplifting would be defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours” where the value of the property does not exceed $950. No person charged with shoplifting may also be charged with burglary or theft of the same property.
· Forgery. Proposition 47 reclassified forgeries of specified instruments involving $950 or less as exclusively a misdemeanor. The misdemeanor provision is not applicable to any person convicted both of forgery and identity theft.
· Petty Theft. Proposition 47 expressly defines petty theft as “obtaining any property by theft where the value of the money, labor, real or personal property taken” does not exceed $950.
· Receiving Stolen Property. Proposition 47 rendered all violations of receiving stolen property which do not exceed $950 as strictly misdemeanors, eliminating prosecutorial discretion to charge those offenses as felonies.
· Petty Theft with a Prior. Proposition 47 eliminated the offense of petty theft with a prior petty theft conviction. So multiple offenses go unpunished.
Drug Possession Offenses
Proposition 47 also reclassified drug possession offenses as strictly misdemeanors.
Eligibility for Felons to be Released
Proposition 47 authorizes persons currently serving sentences for felony convictions that are now misdemeanors under the proposition to petition courts for recalls of sentences and to request resentencing under the new laws. Felons are now back on the streets.
Reclassifying Convictions
Proposition 47 also authorizes persons who have completed their sentences for felony offenses that would have qualified as misdemeanors under the new laws to apply for a reduction of their felony conviction to a misdemeanor.
Enough of this judicial rhetoric and interpretation of the new laws voted in by the voters of Orange County. Here is the local effect and how it impacts your town. The deputies in a community can no longer make an arrest because of the changes in the law that have made most felonies just a simple misdemeanor.
The basic problem is that when a ticket is issued to an offender for a misdemeanor that used to be a felony, nothing happens, and the individual is not held accountable for their actions. Even when they do not show up in court for their ticket no matter how many they have the courts do nothing. This is lawlessness at its finest.
A classic example is when you have a group of individuals living on the streets which have violated a city ordinance or code and may also have committed what used to be classified as a felony such as selling; buying or using drugs cannot be held responsible by local police or sheriff’s Departments.
They are usually given a ticket which they ignore, and they admonish our law enforcement system for even bothering them because they know that they will not be held accountable. Sometimes laughing at local law officers.
Well so much for Proposition 47 now let’s move onto Assembly Bill 109. If a criminal was convicted of any of 500 felony crimes in California under certain Circumstances, they will now be sentenced to the Orange County Jail or released to non-custodial mandatory supervision which is basically just probation.
This means instead of being in State Prison, the convicted criminal can now return to the neighborhoods of local communities where they can commit the same felony crimes that they were serving time in state prison for which are now just misdemeanors and cannot be arrested for this criminal activity. No wonder our local law enforcement officers are frustrated, and crime continues on with no one being held responsible for their actions.
Finally, we have Proposition 57 which when presented to the voters simply stated, “increasing parole and good behavior opportunities for felons.” Prop. 57, approved by voters in 2016, promised to reduce the state’s overcrowded prisons by expanding parole eligibility for nonviolent criminals, and by encouraging inmates to take part in rehabilitation, therapy, and vocational programs.
In reality with the passage of Proposition 57, California State prison inmates who committed violent crimes, including stabbings and shootings were granted paroles increasing number of criminals in our local communities and on our streets.
Listed are Felonies that are now just a ticket Misdemeanor:
· Sexually violent offenses and sex offenses against minors under the age of 14
· Murder, attempted murder, and solicitation to commit murder
· Assault with a deadly weapon on a police officer or firefighter
· Possession of a weapon of mass destruction
· Any offense punishable in California by life in prison or death
· Any person who is required to register as a sex offender under Penal Code section 290(c).
· Abuse by a babysitter or daycare center on a child under age 8
· Possession of narcotic controlled substances such as cocaine, heroin, morphine, or other opiates (Health and Safety Code section 11350)
· Possession of restricted dangerous drugs which would include stimulants such as methamphetamines, or hallucinogenic such as psilocybin mushrooms (Health and Safety Code section 11377), and
· Possession of concentrated cannabis (also known as hashish). (Health and Safety Code section 11357(a).)
There is a movement to change and repeal the legislative ballot measures and proposition to help make the State of California safer and to give our law enforcement officers the ability to make arrests and do their job protecting and serving our communities.
I hope after reading this you now have a better understanding of what the consequences of the passage of these measures and proposition in the past election did to make California a lawless State.
Dean Grose is a member of the Los Alamitos City Council. member, City of Los Alamitos
PLEASE, TAKE THE TIME TO WATCH THE VIDEO BELOW WHICH SUPPORTS AND DOCUMENTS WHAT I HAVE WRITTEN ABOUT. IT IS A TRUEFULL LOOK BEHIND THE CAMERA AT THE DIRECTION WE (Orange County) ARE GOING AS A SOCIETY AND ITS DAMAGING IMPACT ON ALL OF US. FORTUNATELY, IT ALSO GIVES US HOPE FOR A SOLUTION.
(Please View Ending 55 MINUTES)
https://youtu.be/bpAi70WWBlw
Or
https://komonews.com/news/local/komo-news-special-seattle-is-dying |
