BILL NUMBER: SB 617 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 5, 2016
AMENDED IN SENATE JANUARY 4, 2016
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, subject to exceptions, allow misdemeanors
punishable by a maximum term of confinement not exceeding 6 months in
a county 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 fines of up to $1,000 or penalties,
applicable to the infraction as if the offense were charged as a
misdemeanor. 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. The bill would prohibit a misdemeanor charged as
an infraction pursuant to these provisions from being punished by
imprisonment and would specify that a person charged with an
infraction is not entitled to have appointed counsel, unless
specified conditions apply, or a trial by jury . This
bill would authorize a person charged with an infraction pursuant to
these provisions to elect to have the charge elevated to a
misdemeanor, with all the rights and consequences of a misdemeanor
charge.
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 a county 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 pursuant to this section
is subject to Section 19.6 and shall not be punished by imprisonment,
shall not be entitled to trial by jury, and shall not be entitled to
have the public defender or other counsel appointed at public
expense to represent him or her unless he or she is arrested and not
released on his or her written promise to appear, his or her own
recognizance, or a deposit of bail.
(e) Before disposition of the case, the prosecuting attorney shall
notify a person who is charged with an infraction pursuant to this
section, in person or in writing, of all of the following:
(1) There may be penalties, disabilities, or collateral
consequences to professional licensing, immigration status, or
probation or parole status upon conviction of the infraction.
(2) The person has the right to have the court consider a fine
modification by electing a trial by declaration.
(3) The person has the right to elect that the charge be elevated
to a misdemeanor and shall have all of the rights, privileges,
punishments, consequences, fines, penalties, and disabilities
afforded those charged with a misdemeanor pursuant to this code,
including the right to trial by jury and a publicly appointed
attorney.
(f) All statutory provisions of a misdemeanor that is charged as
an infraction pursuant to this section, including, but not limited
to, fines of up to one thousand dollars ($1,000) and penalties, apply
to the infraction and shall be imposed as if the offense had been
charged as a misdemeanor.
(e) Notwithstanding subdivision (d), a person charged with an
infraction pursuant to this section shall have the right to elect
that the charge be brought as a misdemeanor and, if that election is
made, shall have all of the rights, privileges, punishments,
consequences, fines, penalties, and disabilities afforded those
charged with a misdemeanor. The person charged shall be notified of
this right in writing or in person before a disposition of the charge
is accepted.
(f) An offense charged as an infraction pursuant to this section
is punishable by a fine not to exceed two hundred fifty dollars
($250), except where a lesser fine is expressly prescribed.
(g) This section shall not apply to the following offenses:
(1) A misdemeanor firearms violation.
(2) A misdemeanor violation of the requirement to register
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
(3) A misdemeanor violation of a crime for which a person is
required to register pursuant to Section 290.
(4) A misdemeanor child endangerment or child abuse violation.
(5) A misdemeanor elder abuse violation.
(6) A misdemeanor domestic violence violation.
(7) A misdemeanor driving-under-the-influence violation.
(8) A misdemeanor sex offense.
(9) A misdemeanor that is imposed by an initiative statute that
does not permit a lesser punishment.
(10) A misdemeanor violation resulting in restitution being owed
to a victim.