Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2479

Introduced by Assembly Member Bradford

February 21, 2014

An act to amend Section begin delete 11352 of the Health and Safety Code end delete begin insert 17 of the Penal Code end insert , relating to begin delete controlled substances end delete begin insert felonies end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2479, as amended, Bradford. Crimes: begin delete controlled substances. end delete begin insert nonviolent felonies. end insert

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Existing law provides that a crime punishable with death, by imprisonment in the state prison, or by imprisonment in a county jail for more than one year is a felony and all other offenses, except those that are classified as infractions, are misdemeanors. Existing law further provides that a crime that is punishable, in the discretion of the court, as a felony or as a misdemeanor is a misdemeanor under certain circumstances, including when the court grants a defendant probation without imposing a sentence and, at the time of granting probation or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

end insert begin insert

This bill would require, upon application of a defendant, a felony offense to be deemed a misdemeanor for all purposes, except as specified, if the court finds that certain circumstances apply, including that the defendant was not imprisoned in the state prison for the offense, the offense for which the defendant was convicted was not one of several specified controlled substance offenses, and was not robbery, burglary, or possession of a firearm by a felon or person addicted to narcotics, the offense does not require registration as a sex offender, the defendant is not currently charged with and has not been convicted of an offense in the preceding 5 years, except as specified, and the defendant presents clear and convincing evidence that he or she has been rehabilitated.

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Existing law categorizes controlled substances into 5 schedules and imposes the greatest restrictions on those contained in Schedule I. Existing law, subject to exceptions, makes it an offense to, among other things, transport, import, sell, furnish, administer, or give away specified Schedule I and II controlled substances, or any Schedule III, IV, or V controlled substance which is a narcotic drug, unless upon written prescription, as specified.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 17 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

17.  

(a) A felony is 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 the
provisions of subdivision (h) of Section 1170. Every other crime
or public offense is a misdemeanor except those offenses that are
classified as infractions.

(b) When a crime is punishable, in the discretion of the court,
either by imprisonment in the state prison or imprisonment in a
county jail under the provisions of subdivision (h) of Section 1170,
or by fine or imprisonment in the county jail, it is a misdemeanor
for all purposes under the following circumstances:

(1) After a judgment imposing a punishment other than
imprisonment in the state prison or imprisonment in a county jail
under the provisions of subdivision (h) of Section 1170.

(2) When the court, upon committing the defendant to the
Division of Juvenile Justice, designates the offense to be a
misdemeanor.

(3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or
on application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.

(4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying
that the offense is a misdemeanor, unless the defendant at the time
of his or her arraignment or plea objects to the offense being made
a misdemeanor, in which event the complaint shall be amended
to charge the felony and the case shall proceed on the felony
complaint.

(5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.

(c) When a defendant is committed to the Division of Juvenile
Justice for a crime punishable, in the discretion of the court, either
by imprisonment in the state prison or imprisonment in a county
jail under the provisions of subdivision (h) of Section 1170, or by
fine or imprisonment in begin delete the end delete begin insert a end insert county jail not exceeding one year,
the offense shall, upon the discharge of the defendant from the
Division of Juvenile Justice, thereafter be deemed a misdemeanor
for all purposes.

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(d) (1) When a defendant is convicted of a felony offense, the
offense shall, on application of the defendant, thereafter be deemed
a misdemeanor for all purposes, except as specified in paragraph
(2), if the court finds that all of the following circumstances apply:

end insert begin insert

(A) The defendant was not imprisoned in the state prison for
the offense.

end insert begin insert

(B) The offense for which the defendant was convicted is not a
violation of subdivision (a) of Section 11350, or Section 11351,
11351.5, 11358, 11359, or 11360 of the Health and Safety Code,
or a violation of Section 211, 459, or 29800 of this code.

end insert begin insert

(C) The offense for which the defendant was convicted does not
require him or her to register as a sex offender pursuant to Chapter
5.5 (commencing with Section 290) of Title 9 of Part 1.

end insert begin insert

(D) The defendant is not currently charged with the commission
of any offense, and has not been convicted of an offense in the
preceding five years, except the offense to be deemed a
misdemeanor pursuant to this subdivision, a misdemeanor that
does not involve moral turpitude, a misdemeanor driving offense,
or an infraction.

end insert begin insert

(E) The defendant presents clear and convincing evidence that
he or she has been rehabilitated.

end insert begin insert

(2) The reduction of a conviction from a felony to a
misdemeanor pursuant to this subdivision shall not prohibit its
use as a prior felony conviction in any future criminal proceeding
against the defendant, including, but not limited to, a sentencing
hearing.

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(d)

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begin insert (e) end insert  A violation of any code section listed in Section 19.8 is an
infraction subject to the procedures described in Sections 19.6 and
19.7 when:

(1) The prosecutor files a complaint charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being informed of his or her rights, elects to have the case
proceed as a misdemeanor, or;

(2) The court, with the consent of the defendant, determines
that the offense is an infraction in which event the case shall
proceed as if the defendant had been arraigned on an infraction
complaint.

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(e)

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begin insert (f) end insert  Nothing in this section authorizes a judge to relieve a
defendant of the duty to register as a sex offender pursuant to
Section 290 if the defendant is charged with an offense for which
registration as a sex offender is required pursuant to Section 290,
and for which the trier of fact has found the defendant guilty.

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SECTION 1.  

Section 11352 of the Health and Safety Code is
amended to read:

11352.  

(a) Except as otherwise provided in this division, a
person who transports, imports into this state, sells, furnishes,
administers, or gives away, or offers to transport, import into this
state, sell, furnish, administer, or give away, or attempts to import
into this state or transport (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b)
or (c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) a controlled substance classified in Schedule III, IV,
or V that is a narcotic drug, unless upon the written prescription
of a physician, dentist, podiatrist, or veterinarian licensed to
practice in this state, shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for three,
four, or five years.

(b) Notwithstanding the penalty provisions of subdivision (a),
a person who transports a controlled substance specified in
subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for three, six,
or nine years.

(c) For purposes of this section, “transports” means to transport
for sale.

(d) This section does not preclude or limit the prosecution of
an individual for aiding and abetting the commission of, or
conspiring to commit, an act prohibited by this section.

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