BILL NUMBER: SB 617	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Block

                        FEBRUARY 27, 2015

   An act to add Section 19.5 to the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   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 would  provide  , subject to
exceptions,  that   allow  misdemeanors
punishable by a maximum term of confinement not exceeding 6 months in
jail  may   to  be charged as a
misdemeanor or an infraction, in the discretion of the prosecuting
attorney, as specified. The bill  would provide that
 would,  for a misdemeanor offense that is charged as an
infraction under  those   these 
provisions,  make  all  of the  
statutory  provisions of  the   a 
misdemeanor offense, including fines or penalties,  are
 applicable to the infraction  and would be imposed
 as if the offense were charged as a misdemeanor.  The
bill would prohibit a misdemeanor charged as an infraction pursuant
to these provisions from being punished by imprisonment. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19.5 is added to the Penal Code, to read:
   19.5.  (a) The Legislature finds and declares that there are
low-level misdemeanor offenses that, at the discretion of the
prosecuting attorney, and based on the facts of the committed
offenses, the lack of prior delinquency or criminality of the
offender, and the lack of the offender's need for supervision, can be
effectively prosecuted as infractions. The Legislature further finds
and declares that reducing these misdemeanors to infractions will
not compromise public safety, and that diverting low-level
misdemeanor offenders away from the criminal justice system and the
stigma associated with it will avoid costs associated with protracted
court involvement, jury trials, attorney representation,
confinement, and probation involvement.
   (b) Except as provided by express statutory provisions providing
an alternative punishment or procedure, a crime punishable as a
misdemeanor with a maximum term of confinement not exceeding six
months in jail may be charged as a misdemeanor or an infraction at
the discretion of the prosecuting attorney.
   (c) A crime charged as a misdemeanor shall not be reduced to an
infraction except at the discretion of the prosecuting attorney
pursuant to this section, or pursuant to express statutory provisions
providing an alternative punishment or procedure. The prosecuting
attorney may reduce the misdemeanor charge to an infraction pursuant
to this section at any time before trial.
   (d) A person charged with an infraction that was reduced from a
misdemeanor pursuant to this section is subject to Section 19.6.
   (e) All statutory provisions of a misdemeanor that is charged as
an infraction pursuant to this section, including, but not limited
to, fines and penalties, apply to the infraction and shall be imposed
as if the offense had been charged as a misdemeanor.  A
misdemeanor that is charged as an infraction pursuant to this section
is not punishable by imprisonment. 
   (f) This section shall not apply to the following offenses:
   (1) A misdemeanor firearms violation.
   (2) A misdemeanor sex offender registration violation.
   (3) A misdemeanor child endangerment or child abuse violation.
   (4) A misdemeanor elder abuse violation.
   (5) A misdemeanor domestic violence violation.
   (6) A misdemeanor driving-under-the-influence violation.
   (7) A misdemeanor sex offense. 
   (8) A misdemeanor that is imposed by an initiative statute that
does not permit a lesser punishment.