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 make that provision retroactive, whether or not the case was final onbegin delete the effective date of that provision.end deletebegin insert January 1, 2015.end insert The bill would also authorize a person who was sentenced to a term of one year prior tobegin delete the effective date of that provisionend deletebegin insert January 1, 2015,end insert
tobegin delete file a motionend deletebegin insert submit an applicationend insert 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 18.5 of the Penal Code is amended to
2read:
(a) Every offense which is prescribed by any law of the
2state to be punishable by imprisonment in a county jail up to or
3not exceeding one year shall be punishable by imprisonment in a
4county jail for a period not to exceed 364 days.
This section shall
5apply retroactively, whether or not the case was final as ofbegin delete the date begin insert January 1, 2015.end insert
6this section became effective.end delete
7(b) A person who was sentenced to a term of one year in county
8jail prior tobegin delete the effective date of this sectionend deletebegin insert January 1, 2015,end insert may
9begin delete file a motionend deletebegin insert submit an applicationend insert before the
trial court that
10entered the judgment of conviction in the case to have the term of
11the sentence modified to the maximum term specified in
12subdivision (a).
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