BILL ANALYSIS Ó
SB 1310
Page 1
Date of Hearing: June 10, 2014
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1310 (Lara) - As Introduced: February 21, 2014
SUMMARY : Reduces the maximum sentence for a misdemeanor from
365 days to 364 days. Specifically, this bill : States that
every offense which is prescribed by any law of the state to be
punishable by imprisonment in the county jail up to or not
exceeding one year shall be punishable by imprisonment in the
county jail for a period not to exceed 364 days.
EXISTING STATE LAW :
1)Defines a felony as a crime that is punishable with death, by
imprisonment in the state prison, or notwithstanding any other
provision of law, by imprisonment in a county jail under Penal
Code section 1170, subdivision (h), (realignment). (Pen.
Code, § 17, subd. (a).)
2)States that every other crime or public offense is a
misdemeanor except those offenses classified as infractions.
(Pen. Code, § 17, subd. (a).)
3)Provides that, except where a different punishment is
prescribed, every offense declared to be a misdemeanor is
punishable by imprisonment in the county jail not exceeding
six months or by a fine not exceeding $1,000 or by both the
fine and imprisonment. (Pen. Code, § 19.)
4)Specifies that in no case shall a person sentenced to
confinement for conviction of a misdemeanor be committed for a
period in excess of one year. (Pen. Code, § 19.2.)
EXISTING FEDERAL LAW :
1)Lists several categories of crimes which render a non-citizen
removable from the United States, including: crimes of moral
turpitude; aggravated felony convictions; domestic violence
convictions; firearm convictions, and drug convictions. (INA
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§ 237(a)(2), see also 8 U.S.C. § 1227(a)(2).)
2)Lists several categories of crimes which will render a
non-citizen inadmissible to the United States, including:
crimes of moral turpitude; drug convictions; and prostitution
convictions. (INA § 212(a)(2), see also 8 U.S.C. §
1182(a)(2).)
3)Provides for enhanced penalties for a non-citizen who reenters
the country illegally after being removed due to a conviction
for an aggravated felony. (INA § 276(b)(2); see also 8 U.S.C
§ 1326(b)(2).)
4)Renders an asylum applicant statutorily ineligible for
political asylum if convicted of an aggravated felony. (INA
§§ 208(b)(2); see also 8 U.S.C. § 1158(b)(2).)
5)Defines an "aggravated felony" as specified. (INA §
101(a)(43), see also 8 U.S.C. § 1101(a)(43)(F).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Currently in
California a misdemeanor is defined as a crime punishable for
one year, 365 days or less. However, the federal government
defines a misdemeanor as a crime punishable for 364 days or
less. SB 1310 aligns state and federal law by reducing all
California misdemeanors by one day for a maximum sentence of
364 days, not 365 days. This small change will ensure,
consistent with federal law and intent, legal residents are
not deported from the state and torn away from their families
for minor crimes."
2)Immigration Consequences of Criminal Convictions : In addition
to criminal punishment, non-citizens can face immigration
consequences as a result of a criminal conviction. Certain
criminal convictions will make a non-citizen removable
(formerly known as deportation), inadmissible (formerly known
as exclusion), or both.
Of significance for purposes of this bill, are "aggravated
felonies." (8 U.S.C. § 1101(a)(43)(F), see also INA §
101(a)(43).) The term "aggravated felony" suggests a
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particularly serious offense. However, after the passage of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, there are hundreds of aggravated felonies. Many
offenses are aggravated felonies regardless of the sentence
imposed. However, some offenses will be classified as
aggravated felonies if the defendant is sentenced to a term of
one year or more. This is true even though under California
law, the crime is characterized as a misdemeanor, and not a
felony.
It should be noted that the federal immigration statute
defines the term of imprisonment for a sentence as the "period
of incarceration or confinement ordered by a court of law
regardless of any suspension of the imposition or execution of
that imprisonment in whole or in part." (8 U.S.C. §
1101(a)(48)(B).) Therefore, a person convicted of a
misdemeanor who is sentenced to one year with part of, or even
most of, the sentence suspended is still convicted of an
aggravated felony for purposes of federal immigration law.
Aggravated felonies have the most severe immigration
consequences for non-citizens. Conviction of an aggravated
felony can result in removal without a hearing and with no
appeal, inadmissibility following removal, increased criminal
penalties for illegal re-entry after removal based on
conviction of an aggravated felony, ineligibility for asylum,
and ineligibility for citizenship.
This bill reduces the maximum misdemeanor sentence by one day,
to 364 days. Obtaining a sentence of 364 days or less for
misdemeanor convictions will prevent some offenses from being
classed as aggravated felonies for purposes of immigration
law.
3)Argument in Support : According to the California Attorneys
for Criminal Justice , a co-sponsor of this bill, "California
is home to the largest number of immigrants in the country.
The majority of immigrants, 73 percent, live in the state
legally as naturalized citizens or under other legal status.
Currently, legal immigrants are subject to deportation, due to
several factors which include committing specified crimes
determined by federal statute. Under current immigration law,
state and local criminal convictions and sentences can affect
a noncitizen defendant's immigration status in various ways.
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"Federal immigration law counts the total sentence, including
both days suspended and days actually served, in determining
whether a person may be deported. This means that a
noncitizen defendant, who is convicted of a certain
misdemeanor and, for example, is sentenced to serve five days
in jail, with 360 days suspended, would have a one-year
sentence as interpreted by immigration law.
"Some deportation grounds are triggered by the type of crime,
but also based on whether the sentence imposed for the crime
is one year or more, including suspended time. This means
that a legal immigrant could face automatic deportation for a
misdemeanor offense based solely on the receipt of a 365-day
suspended sentence. This remains true despite whether the
person served very little or, in some cases, no jail time for
the sentence. As a result of the one year sentence
deportation policy, thousands of families are torn apart every
year due to minor crimes, such as writing a bad check. This
is an extremely problematic issue and has significant negative
consequences for families in California."
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorneys for Criminal Justice (Co-Sponsor)
Californians for Safety and Justice (Co-Sponsor)
American Civil Liberties Union
Asian Americans Advancing Justice - Los Angeles
California Applicants' Attorneys Association
California Catholic Conference
California Coalition for Women Prisoners
California Immigrant Policy Center
California Labor Federation
California Partnership
California Public Defenders Association
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
Central American Resource Center
Children's Defense Fund - California
Coalition for Humane Immigrant Rights of Los Angeles
Educators for Fair Consideration
Ella Baker Center for Human Rights
Esperanza Immigrant Rights Project, Catholic Charities of Los
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Angeles
Friends Committee on Legislation of California
Immigrant Legal Resource Center
Inland Empire Immigrant Youth Coalition
Latino Coalition for a Healthy California
Legal Services for Prisoners with Children
Los Angeles Regional Reentry Partnership
Mexican American Legal Defense Fund
National Association of Social Workers, California Chapter
PICO California
Services, Immigrant Rights, and Education Network
Opposition
None received
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744