Bill Text: CA SB617 | 2015-2016 | Regular Session | Amended
Bill Title: Crimes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB617 Detail]
Download: California-2015-SB617-Amended.html
BILL NUMBER: SB 617 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 14, 2016
AMENDED IN SENATE JANUARY 5, 2016
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 and repeal Section 19.5 to
of 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 prohibit a misdemeanor charged as an infraction
pursuant to these provisions from being punished by imprisonment and
would specify that a person charged with an infraction is not
entitled to have appointed counsel, unless specified conditions
apply, or a trial by jury. This The bill would require
an indigent person to be provided a public defender or appointed
counsel for arraignment if charged with an infraction under these
provisions. The bill would authorize a person charged with an
infraction pursuant to these provisions to elect to have the charge
elevated to a misdemeanor, with all the rights and consequences of a
misdemeanor charge. The bill would require a district attorney
who elects to charge infractions pursuant to these
provisions to file a report with the Legislature no later than March
1, 2019, reporting information relating to the number of infractions
that were filed for the district attorney's jurisdiction between
January 1, 2017, and January 1, 2019, inclusive, and other specified
data. The provisions of the bill would be repealed on
January 1, 2020.
By requiring local governments to provide a public defender or
appointed counsel for indigent persons charged with an infraction
under these provisions, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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 infraction pursuant to this section
is subject to Section 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) Notwithstanding subdivision (d), a
(c) A person charged with an infraction pursuant to this section
is subject to Section 19.6.
(d) An indigent person charged with an infraction pursuant to this
section shall be entitled to have the public defender or other
counsel appointed at public expense to represent the person at
arraignment.
(e) A person charged with an
infraction pursuant to this section shall have the right to elect
that the charge be brought as a misdemeanor and, if that election is
made, shall have all of the rights, privileges, punishments,
consequences, fines, penalties, and disabilities afforded those
charged with a misdemeanor. The person charged shall be notified of
this right in writing or in person before a disposition of the charge
is accepted.
(f) An offense charged as an infraction pursuant to this section
is punishable by a fine not to exceed two hundred fifty dollars
($250), except where a lesser fine is expressly prescribed.
(g) This section shall not apply to the following offenses:
(1) A misdemeanor firearms violation.
(2) A misdemeanor violation 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.
(4) A misdemeanor child endangerment or child abuse violation.
(5) A misdemeanor elder abuse violation.
(6) A misdemeanor domestic violence violation.
(7) A misdemeanor driving-under-the-influence violation.
(8) A misdemeanor sex offense.
(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.
(11) A misdemeanor violation of Division 5 (commencing with
Section 6300) of the Labor Code.
(12) A misdemeanor for any of the following:
(A) A violation of Division 26 (commencing with Section 39000) of
the Health and Safety Code pertaining to air pollution.
(B) A violation of Division 7 (commencing with Section 13000) of
the Water Code pertaining to water pollution.
(C) A violation pertaining to hazardous waste. For purposes of
this subdivision, "hazardous waste" means hazardous waste as defined
in Section 25117 or 25141 of the Health and Safety Code and subject
to regulation pursuant to Chapter 6.5 (commencing with Section 25100)
of Division 20 of the Health and Safety Code.
(D) A violation pertaining to medical waste. For purposes of this
subdivision, "medical waste" means medical waste subject to
regulation pursuant to Part 14 (commencing with Section 117600) of
Division 104 of the Health and Safety Code.
(E) A violation of Sections 12500 to 14103, inclusive, of the Food
and Agricultural Code, pertaining to pesticides.
(F) A violation pertaining to a public nuisance.
(G) A violation of the Fish and Game Code pertaining to pollution.
(h) A district attorney who charges infractions pursuant to this
section shall report the following for his or her jurisdiction for
the period January 1, 2017, to January 1, 2019, inclusive, to the
Legislature by March 1, 2019:
(1) The number of cases filed as an infraction pursuant to this
section, by year.
(2) The number of filings for each crime filed as an infraction
pursuant to this section, by year.
(3) The perceived race or ethnicity and gender of the defendant in
the cases filed as infractions, if that information is available.
(4) The number of defendants whose cases proceeded as an
infraction pursuant to this section, by year.
(5) The number of defendants who elected to proceed with a
misdemeanor charge instead of an infraction, by year.
(i) A report submitted pursuant to subdivision (h) shall be
submitted in compliance with Section 9795 of the Government Code. The
requirement for submitting a report imposed by subdivision (h) is
inoperative on March 1, 2024, pursuant to Section 10231.5 of the
Government Code.
(j) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
