SB 617, as amended, Block. Crimes.
Existing law defines crimes as infractions, misdemeanors, or felonies. Existing law provides that when a crime is punishable in the discretion of the court as a felony or a misdemeanor, it is a misdemeanor for all purposes if certain circumstances are met. Existing law provides that when a defendant is committed to the Division of Juvenile Justice for a crime that is punishable in the discretion of the court as a felony or a misdemeanor punishable by incarceration in a county jail not exceeding one year, upon discharge of the defendant from the division, the crime is a misdemeanor for all purposes.
This bill wouldbegin delete provideend delete, subject to exceptions,begin delete thatend deletebegin insert
allowend insert
misdemeanors punishable by a maximum term of confinement not exceeding 6 months in jailbegin delete mayend deletebegin insert toend insert be charged as a misdemeanor or an infraction, in the discretion of the prosecuting attorney, as specified. The billbegin delete would provide thatend deletebegin insert would,end insert for a misdemeanor offense that is charged as an infraction underbegin delete thoseend deletebegin insert theseend insert provisions,begin insert makeend insert
allbegin delete of theend deletebegin insert
statutoryend insert provisions ofbegin delete theend deletebegin insert aend insert misdemeanor offense, including fines or penalties,begin delete areend delete applicable to the infractionbegin delete and would be imposedend delete as if the offense were charged as a misdemeanor.begin insert The bill would prohibit a misdemeanor charged as an infraction pursuant to these provisions from being punished by imprisonment.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19.5 is added to the Penal Code, to read:
(a) The Legislature finds and declares that there are
3low-level misdemeanor offenses that, at the discretion of the
4prosecuting attorney, and based on the facts of the committed
5offenses, the lack of prior delinquency or criminality of the
6offender, and the lack of the offender’s need for supervision, can
7be effectively prosecuted as infractions. The Legislature further
8finds and declares that reducing these misdemeanors to infractions
9will not compromise public safety, and that diverting low-level
10misdemeanor offenders away from the criminal justice system and
11the stigma associated with it will avoid costs associated with
12protracted court involvement, jury trials, attorney representation,
13confinement, and probation involvement.
14(b) Except as provided by express statutory provisions providing
15an alternative punishment or procedure, a crime punishable as a
16misdemeanor with a maximum term of confinement not exceeding
17six months in jail may be charged as a misdemeanor or an
18infraction at the discretion of the prosecuting attorney.
19(c) A crime charged as a misdemeanor shall not be reduced to
20an infraction except at the discretion of the prosecuting attorney
21pursuant to this section, or pursuant to express statutory provisions
22providing an alternative punishment or procedure. The prosecuting
23attorney may reduce the misdemeanor charge to an infraction
24pursuant to this section at any time before trial.
25(d) A person charged with an infraction that was
reduced from
26a misdemeanor pursuant to this section is subject to Section 19.6.
27(e) All statutory provisions of a misdemeanor that is charged
28as an infraction pursuant to this section, including, but not limited
29to, fines and penalties, apply to the infraction and shall be imposed
30as if the offense had been charged as a misdemeanor.begin insert A
31misdemeanor that is charged as an infraction pursuant to this
32section is not punishable by imprisonment.end insert
33(f) This section shall not apply to the following offenses:
34(1) A misdemeanor firearms violation.
35(2) A misdemeanor sex offender registration violation.
P3 1(3) A misdemeanor child endangerment or child abuse violation.
2(4) A misdemeanor elder abuse violation.
3(5) A misdemeanor domestic violence violation.
4(6) A misdemeanor driving-under-the-influence violation.
5(7) A misdemeanor sex offense.
begin insert
6(8) A misdemeanor that is imposed by an initiative statute that
7does not permit a lesser punishment.
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