AB 2479, as amended, Bradford. Crimes: nonviolent felonies.
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.
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.
end deleteThis bill would require the court, when a defendant has not been convicted of any new offenses within a period of 5 years following release from custody, is not currently subject to probation or mandatory supervision, and upon application by the defendant, to declare the felony that is the subject of the application to be a misdemeanor. These provisions would not apply if the felony is a violent felony, a serious felony, or an offense that requires a person to register as a sex offender.
end insertVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 17 of the Penal Code is amended to read:
(a) A felony is a crime that is punishable with death, by
3imprisonment in the state prison, or notwithstanding any other
4provision of law, by imprisonment in a county jail under the
5provisions of subdivision (h) of Section 1170. Every other crime
6or public offense is a misdemeanor except those offenses that are
7classified as infractions.
8(b) When a crime is punishable, in the discretion of the court,
9either by imprisonment in the state prison or imprisonment in a
10county jail under the provisions of subdivision (h) of Section 1170,
11or by fine or imprisonment in the county jail, it is a misdemeanor
12for all purposes under the following circumstances:
13(1) After a judgment imposing a punishment other than
14
imprisonment in the state prison or imprisonment in a county jail
15under the provisions of subdivision (h) of Section 1170.
16(2) When the court, upon committing the defendant to the
17Division of Juvenile Justice, designates the offense to be a
18misdemeanor.
19(3) When the court grants probation to a defendant without
20imposition of sentence and at the time of granting probation, or
21on application of the defendant or probation officer thereafter, the
22court declares the offense to be a misdemeanor.
23(4) When the prosecuting attorney files in a court having
24jurisdiction over misdemeanor offenses a complaint specifying
25that the offense is a misdemeanor, unless the defendant at the time
P3 1of his or her arraignment or
plea objects to the offense being made
2a misdemeanor, in which event the complaint shall be amended
3to charge the felony and the case shall proceed on the felony
4complaint.
5(5) When, at or before the preliminary examination or prior to
6filing an order pursuant to Section 872, the magistrate determines
7that the offense is a misdemeanor, in which event the case shall
8proceed as if the defendant had been arraigned on a misdemeanor
9complaint.
10(6) When a defendant has not been convicted of any new offenses
11within a period of five years following release from custody and
12is not currently subject to probation or mandatory supervision
13pursuant to subdivision (h) of Section 1170, on application of the
14defendant, the court shall declare the offense to
be a misdemeanor.
15This paragraph does not apply to violent felonies listed in Section
16667.5, serious felonies listed in Section 1192.7, or offenses that
17require a person to register as a sex offender pursuant to Section
18290.
19(c) When a defendant is committed to the Division of Juvenile
20Justice for a crime punishable, in the discretion of the court, either
21by imprisonment in the state prison or imprisonment in a county
22jail under the provisions of subdivision (h) of Section 1170, or by
23fine or imprisonment in a county jail not exceeding one year, the
24offense shall, upon the discharge of the defendant from the Division
25of Juvenile Justice, thereafter be deemed a misdemeanor for all
26purposes.
27(d) (1) When a defendant is convicted of a felony offense, the
28offense shall, on application of the defendant, thereafter be deemed
29a misdemeanor for all purposes, except as specified in paragraph
30(2), if the court finds that all of the following circumstances apply:
31(A) The defendant was not imprisoned in the state prison for
32the offense.
33(B) The offense for which the defendant was convicted is not
34a violation of subdivision (a) of Section 11350, or Section 11351,
3511351.5, 11358, 11359, or 11360 of the
Health and Safety Code,
36or a violation of Section 211, 459, or 29800 of this code.
37(C) The offense for which the defendant was convicted does
38not require him or her to register as a sex offender pursuant to
39Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
P4 1(D) The defendant is not currently charged with the commission
2of any offense, and has not been convicted of an offense in the
3preceding five years, except the offense to be deemed a
4misdemeanor pursuant to this subdivision, a misdemeanor that
5does not involve moral turpitude, a misdemeanor driving offense,
6or an infraction.
7(E) The defendant presents clear and convincing evidence that
8he or she has been rehabilitated.
9(2) The reduction of a conviction from a felony to a
10misdemeanor pursuant to this subdivision shall not prohibit its use
11as a prior felony conviction in any future criminal proceeding
12against the defendant, including, but not limited to, a sentencing
13hearing.
14(e)
end delete
15begin insert(d)end insert A violation of any code section listed in Section 19.8 is an
16infraction subject to the procedures described in Sections 19.6 and
1719.7 when:
18(1) The prosecutor files a complaint charging the offense as an
19infraction unless the defendant, at the time he or she is arraigned,
20after being informed of his or her rights, elects to have the case
21proceed as a misdemeanor, or;
22(2) The court, with the consent of the defendant, determines
23that the offense is an infraction in which event the case shall
24proceed as if the defendant had been arraigned on an infraction
25complaint.
26(f)
end delete
27begin insert(e)end insert Nothing in this section authorizes a judge to relieve a
28defendant of the duty to register as a sex offender pursuant to
29Section 290 if the defendant is charged with an offense for which
30registration as a sex offender is required pursuant to Section 290,
31and for which the trier of fact has found the defendant guilty.
O
97