BILL NUMBER: SB 1242	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 11, 2016
	AMENDED IN ASSEMBLY  JUNE 16, 2016
	AMENDED IN SENATE  MARCH 28, 2016

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 make that provision retroactive, whether or not
the case was final on  the effective date of that provision.
  January 1, 2015.  The bill would also authorize a
person who was sentenced to a term of one year prior to  the
effective date of that provision   January 1, 2015,
 to  file a motion   submit an application
 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 1.  Section 18.5 of the Penal Code is amended to read:
   18.5.  (a) 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. This section shall apply
retroactively, whether or not the case was final as of  the
date this section became effective.   January 1, 2015.

   (b) A person who was sentenced to a term of one year in county
jail prior to  the effective date of this section 
 January 1, 2015,  may  file a motion  
submit an application  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).