California Senators are looking to strengthen and redraft some of the laws that caused many loopholes in Proposition 47.

Assemblyman Tom Lackey, R-Palmdale, held a press conference Tuesday announcing a “bipartisan coalition” to address the weakening of state sexual assault laws caused by the passage of Proposition 47.

Prop 47 significantly reduced the penalty for illegal possession of drugs commonly used in sexual assaults—frequently referred to as “date-rape” drugs, an official said. Proposition 47 also eliminated a law that prevented repeated drug offenders from legally purchasing guns.

“We are not seeking to unravel Prop 47, but instead want to give voters an opportunity to make its implementation work without needlessly endangering the public,” said Lackey. “I hope the Legislature will act and ensure that the law treats date rape drugs—such as Rohypnol and GHB—as tools of sexual assault that deserve significant punishment.” 

The coalition also is looking to reinstate DNA testing for those who have been charged with a felony, a legal requirement for previous felony drug convictions before Proposition 47 made all of those felonies misdemeanors. Representatives with Lackey’s office believe with more DNA testing it can help solve more crimes.

The senators also are writing a bill to close the gun possession loophole in Prop 47, Hager said.

Proposition 47 eliminated a law allowing a “meth head… to purchase a handgun,”said Trent Hager, a representative for state Sen. Cathleen Galgiani, D-Stockton, because prior to Proposition 47, a felony conviction for methamphetamine possession would have prohibited one from being able to purchase a gun legally.

“We found bad drafting in the proposition that allowed for this date rape drug loophole,” said Trent Hager, who is the chief of staff for Galgiani. “We don’t think voters want to reduce the penalty.”

Galgiani and Lackey have introduced legislation to give California voters the opportunity to undo this change and send a strong message to criminals that possessing date rape drugs will result in significant punishment.

“Across the Nation, and certainly in California, the public and law enforcement are focused on addressing the epidemic of sexual assault crimes, especially those committed on or near college campuses,” said Nancy E. O’Malley, Alameda County District Attorney.  “Too often, sex offenders drug victims to render them incapacitated, powerless, and vulnerable.  AB 46 makes possession of “date rape drugs” a wobbler and for registered sex offenders a felony, this vital change in the law would hold an offender accountable at a level commensurate with crime committed.”

Prior to Prop. 47, District Attorneys were able to charge a felony for illegal possession of these drugs but current law now allows only for minimal punishment.

The ability to bring felony charges was a critical tool for ensuring justice where lack of admissible evidence can allow a perpetrator to evade punishment even if a serious crime has clearly occurred.

“We should not wait for women to be victimized before serious charges are available to prosecutors,” said Sen. Galgiani. “A person found in possession of these drugs is likely intending to use them to commit a sexual assault—not for personal use. Law enforcement must be able to charge a person accordingly.”

Senator Galgiani and Assemblyman Lackey have introduced SB 333 and AB 46 respectively to restore prosecutorial discretion to bring felony charges for crimes involving illegal possession of date rape drugs.

If passed by the Legislature, voters would have a chance to restore this discretion in the next statewide election.