BILL ANALYSIS �
SB 1310
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SENATE THIRD READING
SB 1310 (Lara)
As Introduced February 21, 2014
Majority vote
SENATE VOTE :31-4
PUBLIC SAFETY 5-0
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|Ayes:|Ammiano, Jones-Sawyer, |
| |Quirk, Skinner, Stone |
| | |
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SUMMARY : Reduces the maximum sentence for a misdemeanor from
365 days to 364 days. Specifically, this bill 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.
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)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 the
fine and imprisonment.
4)Specifies that in no case shall a person sentenced to
confinement for conviction of a misdemeanor be committed for a
period in excess of one year.
EXISTING FEDERAL LAW :
1)Lists several categories of crimes which render a non-citizen
SB 1310
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removable from the United States, including: crimes of moral
turpitude; aggravated felony convictions; domestic violence
convictions; firearm convictions, and drug convictions.
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.
5)Defines an "aggravated felony" as specified.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Currently in California a
misdemeanor is defined as a crime punishable for one year, 365
days or less. However, the federal government defines a
misdemeanor as a crime punishable for 364 days or less. SB 1310
aligns state and federal law by reducing all California
misdemeanors by one day for a maximum sentence of 364 days, not
365 days. This small change will ensure, consistent with
federal law and intent, legal residents are not deported from
the state and torn away from their families for minor crimes."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0003930