BILL NUMBER: SB 617AMENDED BILL TEXT AMENDED IN SENATE JANUARY 4, 2016 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, subject to exceptions, allow misdemeanors punishable by a maximum term of confinement not exceeding 6 months in a county jail to be charged as a misdemeanor or an infraction, in the discretion of the prosecuting attorney, as specified. The bill would, for a misdemeanor offense that is charged as an infraction under these provisions, make all statutory provisions of a misdemeanor offense, including fines of up to $1,000 or penalties, applicable to the infraction as if the offense were charged as a misdemeanor. The bill would require the prosecuting attorney, prior to disposition of the case, to notify the person charged with the infraction of specified information, including that there may be penalties, disabilities, or collateral consequences to professional licensing, immigration, or probation or parole status upon conviction. 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 a county 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 infractionthat was reduced from a misdemeanorpursuant to this section is subject to Section19.6.19.6 and shall not be punished by imprisonment, shall not be entitled to trial by jury, and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail. (e) Before disposition of the case, the prosecuting attorney shall notify a person who is charged with an infraction pursuant to this section, in person or in writing, of all of the following: (1) There may be penalties, disabilities, or collateral consequences to professional licensing, immigration status, or probation or parole status upon conviction of the infraction. (2) The person has the right to have the court consider a fine modification by electing a trial by declaration. (3) The person has the right to elect that the charge be elevated to a misdemeanor and shall have all of the rights, privileges, punishments, consequences, fines, penalties, and disabilities afforded those charged with a misdemeanor pursuant to this code, including the right to trial by jury and a publicly appointed attorney.(e)(f) All statutory provisions of a misdemeanor that is charged as an infraction pursuant to this section, including, but not limited to, fines of up to one thousand dollars ($1,000) 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)(g) This section shall not apply to the following offenses: (1) A misdemeanor firearms violation. (2) A misdemeanorsex offender registrationviolation of the requirement to register pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 . (3) A misdemeanor violation of a crime for which a person is required to register pursuant to Section 290.(3)(4) A misdemeanor child endangerment or child abuse violation.(4)(5) A misdemeanor elder abuse violation.(5)(6) A misdemeanor domestic violence violation.(6)(7) A misdemeanor driving-under-the-influence violation.(7)(8) A misdemeanor sex offense.(8)(9) A misdemeanor that is imposed by an initiative statute that does not permit a lesser punishment. (10) A misdemeanor violation resulting in restitution being owed to a victim.