SB 617, as introduced, Block. Crimes.
Under existing law, a felony is a crime that is punishable with death, or by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, every other crime or public offense is a misdemeanor, except those offenses that are classified as infractions.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 17 of the Penal Code is amended to read:
(a) A felony is a crime that is punishable with death, by
3imprisonment in the state prison, or notwithstanding any other
4provision of law, by imprisonment in a county jail under the
5provisions of subdivision (h) of Section 1170. Every other crime
6or public offense is a misdemeanor except those offenses that are
7classified as infractions.
8(b) When a crime is punishable, in the discretion of the court,
9either by imprisonment in the state prison or imprisonment in a
10county jail under the provisions of subdivision (h) of Section 1170,
P2 1or by fine or imprisonment in the county jail, it is a misdemeanor
2for all purposes under the following circumstances:
3(1) After a judgment imposing a punishment other than
4
imprisonment in the state prison or imprisonment in a county jail
5under the provisions of subdivision (h) of Section 1170.
6(2) When the court, upon committing the defendant to the
7Division of Juvenile Justice, designates the offense to be a
8misdemeanor.
9(3) When the court grants probation to a defendant without
10imposition of sentence and at the time of granting probation, or
11on application of the defendant or probation officer thereafter, the
12court declares the offense to be a misdemeanor.
13(4) When the prosecuting attorney files in a court having
14jurisdiction over misdemeanor offenses a complaint specifying
15that the offense is a misdemeanor, unless the defendant at the time
16of his or her arraignment or plea objects to the offense being made
17a misdemeanor, in which event the complaint shall be amended
18to charge the
felony and the case shall proceed on the felony
19complaint.
20(5) When, at or before the preliminary examination or prior to
21filing an order pursuant to Section 872, the magistrate determines
22that the offense is a misdemeanor, in which event the case shall
23proceed as if the defendant had been arraigned on a misdemeanor
24complaint.
25(c) When a defendant is committed to the Division of Juvenile
26Justice for a crime punishable, in the discretion of the court, either
27by imprisonment in the state prison or imprisonment in a county
28jail under the provisions of subdivision (h) of Section 1170, or by
29fine or imprisonment in the county jail not exceeding one year,
30the offense shall, upon the discharge of the defendant from the
31Division of Juvenile Justice, thereafter be deemed a misdemeanor
32for all purposes.
33(d) A violation of any
code section listed in Section 19.8 is an
34infraction subject to the procedures described in Sections 19.6 and
3519.7begin delete whenend deletebegin insert under either of the following circumstancesend insert:
36(1) The prosecutor files a complaint charging the offense as an
37infraction unless the defendant, at the time he or she is arraigned,
38after being informed of his or her rights, elects to have the case
39proceed as a misdemeanorbegin delete, or;end deletebegin insert.end insert
P3 1(2) The court, with the consent of the defendant, determines
2that the offense is an infraction in which event the
case shall
3proceed as if the defendant had been arraigned on an infraction
4complaint.
5(e) Nothing in this section authorizes a judge to relieve a
6defendant of the duty to register as a sex offender pursuant to
7Section 290 if the defendant is charged with an offense for which
8registration as a sex offender is required pursuant to Section 290,
9and for which the trier of fact has found the defendant guilty.
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