BILL ANALYSIS �
AB 2479
Page 1
ASSEMBLY THIRD READING
AB 2479 (Bradford)
As Amended May 12, 2014
Majority vote
PUBLIC SAFETY 5-2
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|Ayes:|Ammiano, Jones-Sawyer, |
| |Quirk, Skinner, Stone |
| | |
|-----+--------------------------|
|Nays:|Melendez, Waldron |
| | |
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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.
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:
a) After a judgment imposing a punishment other than
imprisonment in the state prison or imprisonment in a
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county jail;
b) When the court, upon committing the defendant to the
Division of Juvenile Justice (DJJ), designates the offense
to be a misdemeanor;
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; and
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.
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 Penal Code Section 290 if the defendant is charged
with an offense for which registration as a sex offender is
required pursuant to Penal Code Section 290, and for which the
trier of fact has found the defendant guilty.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "AB 2479 allows non-violent,
non-serious, non-sex offenders who have successfully completed
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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.
"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 Penal Code Section 17.5 (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."
Please see the policy committee analysis for a full discussion
if this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003421