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, subject to exceptions, allow misdemeanors punishable by a maximum term of confinement not exceeding 6 months inbegin insert a countyend insert jail to be charged as a misdemeanor or an infraction, in the discretion of the prosecuting attorney, as specified. The bill would, for a misdemeanor offense that is charged as an infraction under these provisions, make all statutory provisions of a misdemeanor offense, including finesbegin insert of up to $1,000end insert or penalties, applicable to the infraction as if the offense were charged as a misdemeanor.begin insert The bill would require the prosecuting attorney, prior to disposition of the case, to notify the person charged with the infraction of specified information, including that there may be penalties, disabilities, or collateral consequences to professional licensing, immigration, or probation or parole status upon conviction.end insert 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 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 inbegin insert a countyend insert jail may be charged as a misdemeanor or
18an infraction 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 infractionbegin delete that was
reduced from
26a misdemeanorend deletebegin delete 19.6.end delete
27begin insert 19.6 and shall not be punished by imprisonment, shall not be
28entitled to trial by jury, and shall not be entitled to have the public
29defender or other counsel appointed at public expense to represent
P3 1him or her unless he or she is arrested and not released on his or
2her written promise to appear, his or her own recognizance, or a
3deposit of bail.end insert
4(e) Before disposition of the case, the prosecuting attorney shall
5notify a person who is charged with an infraction pursuant to this
6section, in person or in writing, of all of the following:
7(1) There may be penalties, disabilities, or
collateral
8consequences to professional licensing, immigration status, or
9probation or parole status upon conviction of the infraction.
10(2) The person has the right to have the court consider a fine
11modification by electing a trial by declaration.
12(3) The person has the right to elect that the charge be elevated
13to a misdemeanor and shall have all of the rights, privileges,
14punishments, consequences, fines, penalties, and disabilities
15 afforded those charged with a misdemeanor pursuant to this code,
16including the right to trial by jury and a publicly appointed
17attorney.
27 18(e)
end delete
19begin insert(f)end insert All statutory provisions of a misdemeanor that is charged as
20an infraction pursuant to this section, including, but not limited
21to, finesbegin insert
of up to one thousand dollars ($1,000)end insert and penalties, apply
22to the infraction and shall be imposed as if the offense had been
23charged as a misdemeanor.begin delete A misdemeanor that is charged as an
24infraction pursuant to this section is not punishable by
25imprisonment.end delete
33 26(f)
end delete27begin insert(g)end insert This section shall not apply to the following offenses:
28(1) A misdemeanor firearms violation.
29(2) A misdemeanorbegin delete sex offender registrationend delete
violationbegin insert of the
30requirement to register pursuant to Chapter 5.5 (commencing with
31Section 290) of Title 9 of Part 1end insert.
32(3) A misdemeanor violation of a crime for which a person is
33required to register pursuant to Section 290.
P3 1 34(3)
end delete35begin insert(4)end insert A misdemeanor child endangerment or child abuse violation.
2 36(4)
end delete37begin insert(5)end insert A misdemeanor elder abuse violation.
3 38(5)
end delete39begin insert(6)end insert A misdemeanor domestic violence violation.
4 40(6)
end deleteP4 1begin insert(7)end insert A misdemeanor driving-under-the-influence violation.
5 2(7)
end delete3begin insert(8)end insert A misdemeanor sex offense.
6 4(8)
end delete
5begin insert(9)end insert A misdemeanor that is imposed by an initiative statute that
6does not permit a lesser punishment.
7(10) A
misdemeanor violation resulting in restitution being
8owed to a victim.
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