SB 929, as introduced, Wright. Nonviolent felonies.
Existing law provides that a crime punishable with death, by imprisonment in the state prison, or by imprisonment in a county jail for more than one year is a felony and all other offenses, except those that are classified as infractions, are misdemeanors. Existing law further provides that a crime that is punishable, in the discretion of the court, as a felony or as a misdemeanor is a misdemeanor under certain circumstances, including when the court grants a defendant probation without imposing a 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.
This bill would require, upon application of a defendant, a felony offense to be deemed a misdemeanor for all purposes, except as specified, if the court finds that certain circumstances apply, including that the defendant was not imprisoned in the state prison for the offense, the offense for which the defendant was convicted was not a serious or violent felony, as defined, the offense does not require registration as a sex offender, the defendant is not currently charged with and has not been convicted of an offense in the preceding 5 years, except as specified, and the defendant presents clear and convincing evidence that he or she has been rehabilitated.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 17 of the Penal Code is amended to read:
(a) A felony is a crime that is punishable with death, by
3imprisonment in the state prison, or notwithstanding any other
4provision of law, by imprisonment in a county jail under the
5provisions of subdivision (h) of Section 1170. Every other crime
6or public offense is a misdemeanor except those offenses that are
7classified as infractions.
8(b) When a crime is punishable, in the discretion of the court,
9either by imprisonment in the state prison or imprisonment in a
10county jail under the provisions of subdivision (h) of Section 1170,
11or by fine or imprisonment in the county jail, it is a misdemeanor
12for all purposes under the following circumstances:
13(1) After a judgment imposing a punishment other than
14
imprisonment in the state prison or imprisonment in a county jail
15under the provisions of subdivision (h) of Section 1170.
16(2) When the court, upon committing the defendant to the
17Division of Juvenile Justice, designates the offense to be a
18misdemeanor.
19(3) When the court grants probation to a defendant without
20imposition of sentence and at the time of granting probation, or
21on application of the defendant or probation officer thereafter, the
22court declares the offense to be a misdemeanor.
23(4) When the prosecuting attorney files in a court having
24jurisdiction over misdemeanor offenses a complaint specifying
25that the offense is a misdemeanor, unless the defendant at the time
26of his or her arraignment or plea objects to the offense being made
27a misdemeanor, in which event the complaint shall be amended
28to charge the
felony and the case shall proceed on the felony
29complaint.
30(5) When, at or before the preliminary examination or prior to
31filing an order pursuant to Section 872, the magistrate determines
32that the offense is a misdemeanor, in which event the case shall
33proceed as if the defendant had been arraigned on a misdemeanor
34complaint.
35(c) When a defendant is committed to the Division of Juvenile
36Justice for a crime punishable, in the discretion of the court, either
37by imprisonment in the state prison or imprisonment in a county
38jail under the provisions of subdivision (h) of Section 1170, or by
P3 1fine or imprisonment in the county jail not exceeding one year,
2the offense shall, upon the discharge of the defendant from the
3Division of Juvenile Justice, thereafter be deemed a misdemeanor
4for all purposes.
5(d) (1) When a defendant is convicted of a felony offense, the
6offense shall, on application of the defendant, thereafter be deemed
7a misdemeanor for all purposes, except as specified in paragraph
8(2), if the court finds that all of the following circumstances apply:
9(A) The defendant was not imprisoned in the state prison for
10the offense.
11(B) The offense for which the defendant was convicted is not
12either of the following:
13(i) A serious felony, as described in subdivision (c) of Section
141192.7.
15(ii) A violent felony, as described in subdivision (c) of Section
16667.5.
17(C) The offense for which the defendant was convicted does not
18require him or her to register as a sex offender pursuant to Chapter
195.5 (commencing with Section 290) of Title 9 of Part 1.
20(D) The defendant is not currently charged with the commission
21of any offense, and has not been convicted of an offense in the
22preceding five years, except the offense to be deemed a
23misdemeanor pursuant to this subdivision, a misdemeanor that
24does not involve moral turpitude, a misdemeanor driving offense,
25or an infraction.
26(E) The defendant presents clear and convincing evidence that
27he or
she has been rehabilitated.
28(2) The reduction of a conviction from a felony to a
29misdemeanor pursuant to this subdivision shall not prohibit its
30use as a prior felony conviction in any future criminal proceeding
31against the defendant, including, but not limited to, a sentencing
32hearing.
33(d)
end delete
34begin insert(e)end insert A violation of any code section listed in Section 19.8 is an
35infraction subject to the procedures described in Sections 19.6 and
3619.7 when:
37(1) The prosecutor files a complaint charging the offense as an
38infraction unless the defendant, at the time he or she is arraigned,
39after being informed of his or her rights, elects to have the case
40proceed as a misdemeanor, or;
P4 1(2) The court, with the consent of the defendant, determines
2that the offense is an infraction in which event the case shall
3proceed as if the defendant had been arraigned on an infraction
4complaint.
5(e)
end delete
6begin insert(f)end insert Nothing in this section authorizes a judge to relieve a
7defendant of the duty to register as a sex offender pursuant to
8
Section 290 if the defendant is charged with an offense for which
9registration as a sex offender is required pursuant to Section 290,
10and for which the trier of fact has found the defendant guilty.
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