BILL ANALYSIS Ó SB 1242 Page 1 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 SB 1242 Page 2 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. SB 1242 Page 3 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." SB 1242 Page 4 Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003461