California 2017-2018 Regular Session

California Assembly Bill AB1941

Introduced
1/29/18  
Refer
2/8/18  
Refer
2/8/18  
Report Pass
3/6/18  
Report Pass
3/6/18  
Engrossed
3/15/18  
Engrossed
3/15/18  
Refer
3/15/18  
Refer
3/15/18  
Refer
4/19/18  
Refer
4/19/18  
Report Pass
5/15/18  
Report Pass
5/15/18  
Enrolled
5/21/18  
Enrolled
5/21/18  
Chaptered
6/1/18  
Chaptered
6/1/18  
Passed
6/1/18  

Caption

Misdemeanors.

Impact

The implications of AB 1941 are significant for the state's legal landscape as it provides more latitude to courts in determining how offenses are classified. This modification is expected to foster greater judicial discretion and can potentially lead to a decrease in the severity of sentences for certain offenses. By enabling courts to classify more offenses as misdemeanors, the bill aligns with ongoing discussions around criminal justice reform aimed at reducing incarceration rates and easing the burden on the prison system.

Summary

Assembly Bill No. 1941, introduced by Jones-Sawyer, aims to amend Section 17 of the California Penal Code regarding the classification of crimes. The bill proposes changes that establish a clearer framework for how misdemeanors are defined in relation to court discretion. Under existing law, any crime potentially punishable as a felony or misdemeanor can be classified as a misdemeanor under certain conditions, particularly when probation is granted without an imposed sentence. This bill expands those provisions to allow the court to declare an offense a misdemeanor irrespective of whether a sentence is imposed, thereby facilitating a more flexible approach to sentencing within the misdemeanor category.

Sentiment

The reception of AB 1941 appears to be largely supportive, particularly among advocates of criminal justice reform who argue that such changes could benefit defendants by decreasing the stigma and consequences associated with felony charges. However, there may be concerns voiced by some law enforcement officials and advocates for stricter crime penalties who fear that easing definitions may lead to leniency for offenders. The debate seems to center around balancing justice and rehabilitation versus maintaining public safety.

Contention

While AB 1941 presents an opportunity for reform, it is not without its critics. Some stakeholders may argue that providing courts with the ability to classify offenses as misdemeanors without strictly defined conditions could lead to inconsistencies in sentencing. Furthermore, concerns arise regarding the potential for offenders to receive less stringent penalties for crimes that may merit a more serious classification. Ensuring that judicial discretion is exercised consistently and justifiably will be a crucial aspect of the conversation surrounding the bill.

Companion Bills

No companion bills found.

Similar Bills

CA AB2065

Criminal justice records: offender data.

CA AB321

Misdemeanors.

CA SB1106

Criminal resentencing: restitution.

MS SB2353

Marijuana; provide that simple possession of 30 grams or less is a civil infraction.

MS HB518

Marijuana; civil penalty for simple possession of 30 grams or less.

MI SB0006

Labor: fair employment practices; various employer requirements; provide for. Amends secs. 1, 7, 11, 13, 13a, 14, 15, 18 & 19 of 1978 PA 390 (MCL 408.471 et seq.) & adds secs. 13c & 13d.

CA SB1394

Petitions: compensation for signatures.

MI SB0528

Crimes: other; penalties for certain offenses committed when victim and offender have a domestic relationship; provide for. Amends secs. 115, 145n, 377a, 380, 411h & 540e of 1931 PA 328 (MCL 750.115 et seq.). TIE BAR WITH: SB 0471'23