Amended in Assembly June 16, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1242

Introduced by Senator Lara

February 18, 2016

An act to amend Section 18.5 of the Penal Code, relating to sentencing.

LEGISLATIVE COUNSEL’S DIGEST

SB 1242, as amended, Lara. Sentencing: misdemeanors.

Existing law provides that every offense punishable by imprisonment in a county jail up to or not exceeding one year is punishable by imprisonment in the county jail for a period not to exceed 364 days.

This bill would begin delete provide that a person who was convicted of an offense punishable by imprisonment in a county jail for up to or not exceeding one year prior to the enactment of that provision, and who was sentenced to county jail for one year, is deemed, for all purposes, to have been sentenced to county jail for 364 days. end delete begin insert make that provision retroactive, whether or not the case was final on the effective date of that provision. The bill would also authorize a person who was sentenced to a term of one year prior to the effective date of that provision to file a motion before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term of 364 days. 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 1.  

Section 18.5 of the Penal Code is amended to
read:

18.5.  

begin insert (a) end insert begin insert   end insert Every offense which is prescribed by any law of the
state to be punishable by imprisonment in a county jail up to or
not exceeding one year shall be punishable by imprisonment in a
county jail for a period not to exceed 364 days. begin delete A person who was
convicted of an offense punishable by imprisonment in a county
jail for up to or not exceeding one year prior to the effective date
of Chapter 174 of the Statutes of 2014 and who was sentenced to
county jail for one year is deemed, for all purposes, to have been
sentenced to county jail for 364 days. end delete begin insert This section shall apply
retroactively, whether or not the case was final as of the date this
section became effective. end insert

begin insert

(b) A person who was sentenced to a term of one year in county
jail prior to the effective date of this section may file a motion
before the trial court that entered the judgment of conviction in
the case to have the term of the sentence modified to the maximum
term specified in subdivision (a).

end insert