As a Deputy Attorney General, Kevin Kiley kept Californians safe by ensuring that convicted felons remained incarcerated. Kevin will bring this commitment to public safety to the Legislature. He will work to empower law enforcement, deliver justice to victims, and keep dangerous offenders out of our communities.
Prop. 47 Reform Passed in November 2014, Proposition 47 downgraded several categories of felonies to misdemeanors, including theft of a firearm, identity fraud, and possession of drugs used to commit date rape. Just over a year later, the results are clear: crime rates have spiked across the state, including in neighboring Sacramento, where homicide is up 37%, robbery is up 25%, and aggravated assault is up 23%.
Kevin will champion reforms to undo the law’s dangerous consequences:
- Making it a felony to steal a firearm. Few offenses are a surer prelude to violence than theft of a firearm. Yet under Prop. 47, this qualifies as a misdemeanor so long as the weapon is worth $950 or less.
- Making it a felony to possess a date rape drug with the intention to commit sexual assault. Prop. 47 made possession of all drugs, including date rape drugs, punishable by only a misdemeanor. This is the case even for offenders who have been caught and convicted on multiple occasions for possession of dangerous and illegal date rape drugs like Rohypnol.
- Give prosecutors discretion to charge possession of Class A drugs, including heroin and cocaine, as a felony. Drug abuse is on the rise across California. And treatment is on the decline: in some California counties, enrollment in such programs is down as much as 60%. Because of Prop. 47, prosecutors can no longer use the threat of a felony prison sentence to pressure drug offenders into rehabilitation. As a consequence, quality-of-life crimes associated with drug addiction – including vagrancy, loitering, and disorderly conduct – are rising, while offenders are left without the treatment they need to become productive members of society.
- Give prosecutors discretion to charge “frequent fliers” with a felony. In the wake of Prop. 47, California has seen a rise in what law enforcement calls frequent fliers – career criminals who avoid the risk of long prison sentences by only stealing property worth less than $950. Such serial offenders know that even if they are caught, they will receive a slap-on-the-wrist misdemeanor sentence. Kevin will work to give prosecutors the discretion to charge repeat offenders as felons in order to deter frequent fliers from victimizing Californians again and again.
Until Prop. 47 can be repealed at the ballot box, legislators must do everything in their power to stem the initiative’s dangerous consequences. To learn more, step into the shoes of a California police officer using the Kiley for Assembly campaign’s Prop. 47 Law Enforcement Simulator.
Strengthening DNA Databases DNA evidence is a powerful tool for law enforcement to find the perpetrator of a crime and absolve the innocent. To create a robust and effective statewide DNA Database, Kevin supports empowering law enforcement to collect DNA samples from offenders who have been convicted of serious misdemeanors and have a violent criminal past.
Death Penalty Reform California’s Death Penalty must be reformed so that it can be fairly applied to defendants and deliver justice to victims. Joining with other leading law enforcement officials across the state, Kevin has endorsed The Death Penalty Reform and Savings Act, which would:
- Expedite the death penalty appeals process by ensuring that defendants sentenced to death are promptly appointed an attorney. Currently, delays can last five years or more.
- Lower costs by eliminating single cell housing for death row inmates and requiring inmates to work in prison so they can pay restitution to their victims’ families.
- Increasing oversight of the Death Penalty appeals process to assure appeals do not continue to last decades at tremendous taxpayer expense.
Mental Health Services Studies have shown a strong correlation between criminal activity and mental health. That's why access to mental health treatment is essential for preventing crime and rehabilitating offenders.