BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1242


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          SENATE THIRD READING


          SB  
          1242 (Lara)


          As Amended  June 16, 2016


          Majority vote


          SENATE VOTE:  31-8


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-0  |Jones-Sawyer, Lopez,  |                    |
          |                |     |Low, Quirk, Santiago  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Retroactively applies the provision of law defining  
          one year as 364 days for the purposes of sentencing.   
          Specifically, this bill:  


          1)States that the reduced sentence applies to all convictions  
            entered before the effective date, even final judgments.


          2)Provides that a person previously sentenced to one year in  








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            county jail may file a motion in the trial court requesting to  
            be resentenced to a period not to exceed 364 days.


          EXISTING STATE LAW:  


          1)Defines a felony as a crime that is punishable with death, by  
            imprisonment in the state prison, or notwithstanding any other  
            provision of law, by imprisonment in a county jail under Penal  
            Code section 1170(h), (realignment).   
          2)States that every other crime or public offense is a  
            misdemeanor except those offenses classified as infractions.  


          3)States that every offense which is prescribed by any law of  
            the state to be punishable by imprisonment in the county jail  
            up to or not exceeding one year shall be punishable by  
            imprisonment in the county jail for a period not to exceed 364  
            days.  


          4)Provides that, except where a different punishment is  
            prescribed, every offense declared to be a misdemeanor is  
            punishable by imprisonment in the county jail not exceeding  
            six months or by a fine not exceeding $1,000 or by both.  


          5)Provides that no part of the Penal Code is retroactive, unless  
            expressly so declared. 


          EXISTING FEDERAL LAW:


          1)Lists several categories of crimes which render a non-citizen  
            removable from the United States, including:  crimes of moral  
            turpitude; aggravated felony convictions; domestic violence  
            convictions; firearm convictions, and drug convictions.   








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           2)Lists several categories of crimes which will render a  
            non-citizen inadmissible to the United States, including:   
            crimes of moral turpitude; drug convictions; and prostitution  
            convictions.   


           3)Provides for enhanced penalties for a non-citizen who reenters  
            the country illegally after being removed due to a conviction  
            for an aggravated felony.   


           4)Renders an asylum applicant statutorily ineligible for  
            political asylum if convicted of an aggravated felony.   


           1)Defines an "aggravated felony" as specified.  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "Two years ago SB 1310  
          [(Lara), Chapter 174, Statutes of 2014] (Lara, 2014) aligned the  
          definition of a misdemeanor between state and federal law.   
          While SB 1310 aligned state and federal law on a prospective  
          basis, it did not help those who were convicted of a misdemeanor  
          prior to 2015.  Thousands of legal residents are currently  
          living in California with the threat of deportation looming for  
          minor crimes.  Many of those people have families and businesses  
          in the state and few ties to their country of origin.  SB 1242  
          will provide on a retroactive basis that all misdemeanors are  
          punishable for no more than 364 days and ensure that legal  
          residents are not deported due to previous discrepancies between  
          state and federal law."










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          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0003461