BILL ANALYSIS �
AB 2479
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Date of Hearing: May 6, 2014
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2479 (Bradford) - As Amended: March 28, 2014
As Proposed to be Amended in Committee
SUMMARY : Requires, on application of a defendant, a court to
declare a felony conviction to be a misdemeanor, except as
specified, if the defendant has not been convicted of any new
offenses within a period of five years following release from
custody and is not currently subject to probation or mandatory
supervision. Specifically, this bill :
1)Applies to existing offenses that can be charged as an
alternate felony-misdemeanor.
2)Excludes offenses listed as violent felonies under Penal Code
Section 667.5, serious felonies under Penal Code Section
1192.7, or offenses that require the defendant to register as
a sex offender.
EXISTING LAW :
1)Provides that 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
as specified. (Pen. Code, � 17, subd. (a).)
2)States when a crime is punishable, in the discretion of the
court, either as a felony or a misdemeanor, it is a
misdemeanor for all purposes under the following circumstances
(Pen. Code, � 17, subd. (b):
a) After a judgment imposing a punishment other than
imprisonment in the state prison or imprisonment in a
county jail;
b) When the court, upon committing the defendant to the
Division of Juvenile Justice (DJJ), designates the offense
to be a misdemeanor;
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c) 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;
d) 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;
e) When, at or before the preliminary examination or prior
to filing an order holding defendant to answer, 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.
3)Provides when a defendant is committed to DJJ for a crime
punishable, in the discretion of the court, either as a felony
or a misdemeanor, the offense shall, upon the discharge of the
defendant from DJJ, thereafter be deemed a misdemeanor for all
purposes. (Pen. Code, � 17, subd. (c).)
4)States that 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. (Pen. Code, � 17, subd. (e).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 2479 allows
non-violent, non-serious, non-sex offenders who have
successfully completed supervision, paid restitution, and
demonstrated a commitment to reentry to petition the court to
have a "wobbler" felony dropped down to a misdemeanor. This
bill is focusing reducing recidivism.
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"The stated purpose of the Criminal Justice Realignment Act,
when enacted in October 2011, is to reduce spending on
incarceration, encourage the implementation and use of
evidence-based practices in community corrections, and reduce
recidivism. (See Cal. Penal Code � 17.5, subd. (a)(1).)
"The evidence clearly demonstrates that gainful employment and
stable housing are critical to a person's successful reentry,
and to ending the revolving door in our criminal justice
system.
"If we are to meet realignment's goals of reducing recidivism
and facilitating reintegration, it is imperative that we give
these offenders a meaningful chance to clean up their record.
"If people can find a job and a place to stay, they are less
likely to reoffend. This bill merely gives them the chance to
make 'the ask' to the court. By removing the roadblocks to
secure employment and housing, AB 2479 will promote public
safety and economic stability."
2)Penal Code Section 17(b) : Some crimes are "wobblers" meaning
they can be prosecuted as either a misdemeanor or a felony.
The charge will often be determined by the severity of the
facts of the case or a person's criminal history. Penal
Section 17(b) authorizes certain circumstances where a wobbler
can be reduced from a felony to a misdemeanor. The judge has
the discretion to reduce a felony charge to a misdemeanor at
the preliminary hearing. (Pen. Code, � 17, subd. (b)(5).)
Other circumstances include when the sentence imposed does not
include imprisonment in state prison or county jail for the
felony (Pen. Code, � 17, subd. (b)(1); when the judge
designates the offense to be a misdemeanor on commitment to
the DJJ (Pen. Code, � 17, subd. (b)(2)); and when the court
grants felony probation without the imposition of sentence,
the court may later declare the offense to be a misdemeanor.
(Pen. Code, � 17, subd. (b)(3)). Only offenses that have are
statutorily authorized as wobblers may be reduced from a
felony to a misdemeanor.
The circumstances listed in the current statute grants broad
discretion to judges to reduce a wobbler to a misdemeanor.
This bill adds a circumstance where a court would be required
to reduce a wobbler to a misdemeanor, upon a defendant's
motion, if the defendant has remained free of any new
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convictions for 5 years after release from custody and is no
longer subject to probation supervision or mandatory
supervision.
Reduction of a wobbler to a misdemeanor means that a defendant
can avoid the consequences of a felony conviction. Thus, the
conviction will be treated as a misdemeanor for all purposes,
including licensing and employment, unless another statute
specifies an exception.
3)Prior Legislation :
a) SB 649 (Leno), of the 2013-2014 Legislative Session,
would have made unlawful possession specified controlled
substances punishable as a wobbler instead of a straight
felony. SB 649 was vetoed.
b) AB 2680 (Wright), Chapter 960, Statutes of 1998,
precludes the court from relieving a sex offender of his or
her duty to register by reducing a felony to a misdemeanor.
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorneys for Criminal Justice
Opposition
California District Attorneys Association
California State Sheriff' Association
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744