California Senate Bill SB617 Amended / Bill

 BILL NUMBER: SB 617AMENDED BILL TEXT AMENDED IN SENATE APRIL 29, 2015 AMENDED IN SENATE APRIL 6, 2015 INTRODUCED BY Senator Block FEBRUARY 27, 2015 An act to add Section 19.5 to the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST SB 617, as amended, Block. Crimes. Existing law defines crimes as infractions, misdemeanors, or felonies. Existing law provides that when a crime is punishable in the discretion of the court as a felony or a misdemeanor, it is a misdemeanor for all purposes if certain circumstances are met. Existing law provides that when a defendant is committed to the Division of Juvenile Justice for a crime that is punishable in the discretion of the court as a felony or a misdemeanor punishable by incarceration in a county jail not exceeding one year, upon discharge of the defendant from the division, the crime is a misdemeanor for all purposes. This bill would  provide  , subject to exceptions,  that   allow  misdemeanors punishable by a maximum term of confinement not exceeding 6 months in jail  may   to  be charged as a misdemeanor or an infraction, in the discretion of the prosecuting attorney, as specified. The bill  would provide that  would,  for a misdemeanor offense that is charged as an infraction under  those   these  provisions,  make  all  of the   statutory  provisions of  the   a  misdemeanor offense, including fines or penalties,  are  applicable to the infraction  and would be imposed  as if the offense were charged as a misdemeanor.  The bill would prohibit a misdemeanor charged as an infraction pursuant to these provisions from being punished by imprisonment.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19.5 is added to the Penal Code, to read: 19.5. (a) The Legislature finds and declares that there are low-level misdemeanor offenses that, at the discretion of the prosecuting attorney, and based on the facts of the committed offenses, the lack of prior delinquency or criminality of the offender, and the lack of the offender's need for supervision, can be effectively prosecuted as infractions. The Legislature further finds and declares that reducing these misdemeanors to infractions will not compromise public safety, and that diverting low-level misdemeanor offenders away from the criminal justice system and the stigma associated with it will avoid costs associated with protracted court involvement, jury trials, attorney representation, confinement, and probation involvement. (b) Except as provided by express statutory provisions providing an alternative punishment or procedure, a crime punishable as a misdemeanor with a maximum term of confinement not exceeding six months in jail may be charged as a misdemeanor or an infraction at the discretion of the prosecuting attorney. (c) A crime charged as a misdemeanor shall not be reduced to an infraction except at the discretion of the prosecuting attorney pursuant to this section, or pursuant to express statutory provisions providing an alternative punishment or procedure. The prosecuting attorney may reduce the misdemeanor charge to an infraction pursuant to this section at any time before trial. (d) A person charged with an infraction that was reduced from a misdemeanor pursuant to this section is subject to Section 19.6. (e) All statutory provisions of a misdemeanor that is charged as an infraction pursuant to this section, including, but not limited to, fines and penalties, apply to the infraction and shall be imposed as if the offense had been charged as a misdemeanor.  A misdemeanor that is charged as an infraction pursuant to this section is not punishable by imprisonment.  (f) This section shall not apply to the following offenses: (1) A misdemeanor firearms violation. (2) A misdemeanor sex offender registration violation. (3) A misdemeanor child endangerment or child abuse violation. (4) A misdemeanor elder abuse violation. (5) A misdemeanor domestic violence violation. (6) A misdemeanor driving-under-the-influence violation. (7) A misdemeanor sex offense.  (8) A misdemeanor that is imposed by an initiative statute that does not permit a lesser punishment.