Amended in Senate January 14, 2016

Amended in Senate January 5, 2016

Amended in Senate January 4, 2016

Amended in Senate April 29, 2015

Amended in Senate April 6, 2015

Senate BillNo. 617


Introduced by Senator Block

February 27, 2015


An act to addbegin insert and repealend insert Section 19.5begin delete toend deletebegin insert ofend insert 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.begin delete 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. Thisend deletebegin insert The bill would require an indigent person to be provided a public defender or appointed counsel for arraignment if charged with an infraction under these provisions. Theend insert 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.begin insert The bill would require a district attorney who elects to charge infractions pursuant to these provisions to file a report with the Legislature no later than March 1, 2019, reporting information relating to the number of infractions that were filed for the district attorney’s jurisdiction between January 1, 2017, and January 1, 2019, inclusive, and other specified data. The provisions of the bill would be repealed end insertbegin inserton January 1, 2020.end insert

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By requiring local governments to provide a public defender or appointed counsel for indigent persons charged with an infraction under these provisions, the bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 19.5 is added to the Penal Code, to read:

2

19.5.  

(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
P3    1protracted court involvement, jury trials, attorney representation,
2confinement, and probation involvement.

3(b) Except as provided by express statutory provisions providing
4an alternative punishment or procedure, a crime punishable as a
5misdemeanor with a maximum term of confinement not exceeding
6six months in a county jail may be charged as a misdemeanor or
7an infraction at the discretion of the prosecuting attorney.

begin delete

8(c) A crime charged as a misdemeanor shall not be reduced to
9an infraction except at the discretion of the prosecuting attorney
10pursuant to this section, or pursuant to express statutory provisions
11providing an alternative punishment or procedure. The prosecuting
12attorney may reduce the misdemeanor charge to an infraction
13pursuant to this section at any time before trial.

14(d) A person charged with an infraction pursuant to this section
15is subject to Section 19.6 and shall not be punished by
16imprisonment, shall not be entitled to trial by jury, and shall not
17be entitled to have the public defender or other counsel appointed
18at public expense to represent him or her unless he or she is arrested
19and not released on his or her written promise to appear, his or her
20own recognizance, or a deposit of bail.

21(e) Notwithstanding subdivision (d), a

end delete
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22(c) A person charged with an infraction pursuant to this section
23is subject to Section 19.6.

end insert
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24(d) An indigent person charged with an infraction pursuant to
25this section shall be entitled to have the public defender or other
26counsel appointed at public expense to represent the person at
27arraignment.

end insert

28begin insert(e)end insertbegin insertend insertbegin insertAend insert person charged with an infraction pursuant to this section
29shall have the right to elect that the charge be brought as a
30misdemeanor and, if that election is made, shall have all of the
31rights, privileges, punishments, consequences, fines, penalties, and
32disabilities afforded those charged with a misdemeanor. The person
33charged shall be notified of this right in writing or in person before
34a disposition of the charge is accepted.

35(f) An offense charged as an infraction pursuant to this section
36is punishable by a fine not to exceed two hundred fifty dollars
37($250), except where a lesser fine is expressly prescribed.

38(g) This section shall not apply to the following offenses:

39(1) A misdemeanor firearms violation.

P4    1(2) A misdemeanor violation of the requirement to register
2pursuant to Chapter 5.5 (commencing with Section 290) of Title
39 of Part 1.

4(3) A misdemeanor violation of a crime for which a person is
5required to register pursuant to Section 290.

6(4) A misdemeanor child endangerment or child abuse violation.

7(5) A misdemeanor elder abuse violation.

8(6) A misdemeanor domestic violence violation.

9(7) A misdemeanor driving-under-the-influence violation.

10(8) A misdemeanor sex offense.

11(9) A misdemeanor that is imposed by an initiative statute that
12does not permit a lesser punishment.

13(10) A misdemeanor violation resulting in restitution being
14owed to a victim.

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15(11) A misdemeanor violation of Division 5 (commencing with
16Section 6300) of the Labor Code.

end insert
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17(12) A misdemeanor for any of the following:

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18(A) A violation of Division 26 (commencing with Section 39000)
19of the Health and Safety Code pertaining to air pollution.

end insert
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20(B) A violation of Division 7 (commencing with Section 13000)
21of the Water Code pertaining to water pollution.

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22(C) A violation pertaining to hazardous waste. For purposes of
23this subdivision, “hazardous waste” means hazardous waste as
24defined in Section 25117 or 25141 of the Health and Safety Code
25and subject to regulation pursuant to Chapter 6.5 (commencing
26with Section 25100) of Division 20 of the Health and Safety Code.

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27(D) A violation pertaining to medical waste. For purposes of
28this subdivision, “medical waste” means medical waste subject
29to regulation pursuant to Part 14 (commencing with Section
30117600) of Division 104 of the Health and Safety Code.

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31(E) A violation of Sections 12500 to 14103, inclusive, of the
32Food and Agricultural Code, pertaining to pesticides.

end insert
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33(F) A violation pertaining to a public nuisance.

end insert
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34(G) A violation of the Fish and Game Code pertaining to
35pollution.

end insert
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36(h) A district attorney who charges infractions pursuant to this
37section shall report the following for his or her jurisdiction for the
38period January 1, 2017, to January 1, 2019, inclusive, to the
39Legislature by March 1, 2019:

end insert
begin insert

P5    1(1) The number of cases filed as an infraction pursuant to this
2section, by year.

end insert
begin insert

3(2) The number of filings for each crime filed as an infraction
4pursuant to this section, by year.

end insert
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5(3) The perceived race or ethnicity and gender of the defendant
6in the cases filed as infractions, if that information is available.

end insert
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7(4) The number of defendants whose cases proceeded as an
8infraction pursuant to this section, by year.

end insert
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9(5) The number of defendants who elected to proceed with a
10misdemeanor charge instead of an infraction, by year.

end insert
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11(i) A report submitted pursuant to subdivision (h) shall be
12submitted in compliance with Section 9795 of the Government
13Code. The requirement for submitting a report imposed by
14subdivision (h) is inoperative on March 1, 2024, pursuant to
15Section 10231.5 of the Government Code.

end insert
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16(j) This section shall remain in effect only until January 1, 2020,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2020, deletes or extends that date.

end insert
19begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.

end insert


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