Existing law provides that every offense punishable by imprisonment in a county jail up to or not exceeding one year is punishable by imprisonment in the county jail for a period not to exceed 364 days.

This bill would make that provision retroactive, whether or not the case was final on January 1, 2015. The bill would also authorize a person who was sentenced to a term of one year prior to January 1, 2015, to submit an application before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term of 364 days.

Existing law provides that every offense punishable by imprisonment in a county jail up to or not exceeding one year is punishable by imprisonment in the county jail for a period not to exceed 364 days.

This bill would make that provision retroactive, whether or not the case was final on January 1, 2015. The bill would also authorize a person who was sentenced to a term of one year prior to January 1, 2015, to submit an application before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term of 364 days.

Existing law provides that every offense punishable by imprisonment in a county jail up to or not exceeding one year is punishable by imprisonment in the county jail for a period not to exceed 364 days.

This bill would make that provision retroactive, whether or not the case was final on the effective date of that provision. January 1, 2015. The bill would also authorize a person who was sentenced to a term of one year prior to the effective date of that provision January 1, 2015, to file a motion submit an application before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term of 364 days.

Existing law provides that every offense punishable by imprisonment in a county jail up to or not exceeding one year is punishable by imprisonment in the county jail for a period not to exceed 364 days.

This bill would provide that a person who was convicted of an offense punishable by imprisonment in a county jail for up to or not exceeding one year prior to the enactment of that provision, and who was sentenced to county jail for one year, is deemed, for all purposes, to have been sentenced to county jail for 364 days. make that provision retroactive, whether or not the case was final on the effective date of that provision. The bill would also authorize a person who was sentenced to a term of one year prior to the effective date of that provision to file a motion before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term of 364 days.

Existing law authorizes, in certain circumstances, the court, within 120 days of the defendants commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation or the county correctional administrator on its own motion, or at any time upon the recommendation of the secretary or the Board of Parole Hearings or the county correctional administrator, as applicable, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence.

This bill would, grant the court jurisdiction to reduce a county jail term that is part of an otherwise final judgment if the defendant establishes by a preponderance of the evidence that certain conditions are satisfied, including, among others, that the defendant is not a United States citizen and may be subject to adverse immigration consequences because of a plea of guilty or nolo contendere to, or conviction for, the offense for which the county jail term was served and reducing the county jail term would ameliorate those consequences, and that, if the county jail was a material term of a plea agreement, the prosecution consents to the reduction. The bill would authorize the court to reduce the county jail term to any lower term allowed by law for the offense. The bill would provide that a grant or denial of relief under these provisions is not appealable, but may be challenged by a petition for a writ of mandate or prohibition filed within 60 days of the grant or denial. By imposing new duties on local prosecutors, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

 UNFINISHED BUSINESS  

Bill No: SB 1242

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/12/16

AYES: Hancock, Glazer, Leno, Liu, Monning

NOES: Stone

NO VOTE RECORDED: Anderson

SENATE FLOOR: 31-8, 4/21/16

AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Wieckowski, Wolk

NOES: Berryhill, Fuller, Gaines, Moorlach, Morrell, Nielsen, Stone, Vidak

NO VOTE RECORDED: Runner

ASSEMBLY FLOOR: 52-21, 8/15/16 - See last page for vote

SUBJECT:

SOURCE: California Attorneys for Criminal Justice

Coalition for Humane Immigrant Rights LA

Immigrant Legal Resource Center

Latino Coalition for Healthy Communities

Los Angeles District Attorney’s Office

Mexican American Legal Defense Fund

DIGEST: This bill retroactively applies the provision of law defining one year as 364 days for the purposes of sentencing.

Assembly Amendments make technical changes and clarify that a person sentenced prior to the effective date of Penal Code Section 18.5 may file a motion with the trial court to have the term of sentenced modified.

ANALYSIS: Existing law provides that every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for period not to exceed 364 days. (Penal Code § 18.5)

This bill:

1. States that the reduced sentence applies to all convictions entered before January 1, 2015, even final judgments.
2. Provides that a person previously sentenced to one year in county jail may submit an application in the trial court requesting to be resentenced to a period not to exceed 364 days.

Background

According to the author:

Two years ago SB 1310 (Lara, 2014) aligned the definition of misdemeanor between state and federal law. Federal law defines a misdemeanor crime as punishable for up to 364 days and anything longer is considered a felony. Previously, California defined a misdemeanor as a crime punishable for up to 365 days. The federal government did not recognize California’s definition due to this minor and technical difference, thousands legal residents, who committed low level and non-violent crimes were subject to deportation, needlessly ripping apart families.

While SB 1310 aligned state and federal law on a prospective basis, it did not help those who were convicted of a misdemeanor prior to 2015. Thousands of legal residents are currently living in California with the threat of deportation looming for minor crimes. Many of those people have families and businesses in the state and a few ties to their country of origin.

SB 1242 will provide on a retroactive basis that all misdemeanors are punishable for no more than 364 days and ensure that legal residents are not deported due to previous discrepancies between state and federal law.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/15/16)

California Attorneys for Criminal Justice (co-source)

Coalition for Humane Immigrant Rights LA (co-source)

Immigrant Legal Resource Center (co-source)

Latino Coalition for Healthy Communities (co-source)

Los Angeles District Attorney’s Office (co-source)

Mexican American Legal Defense Fund (co-source)

A New PATH

All of us or None

American Civil Liberties Union

American Friends Service Committee

American Immigration Lawyers Association

Asian Americans Advancing Justice

California Civil Liberties Advocacy

California Immigrant Policy Center

California Public Defenders Association

California Rural Legal Assistance Foundation

Californians United for a Responsible Budget

Canal Alliance

Center of Juvenile and Criminal Justice

Central American Resource Center

Centro Laboral de Graton

Community Legal Services in East Palo Alto

Courage Campaign; Day Labor Center – Hayward/Oakland

Friends Committee on Legislation of California

Human Rights Watch

Latino Coalition for a Healthy California

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

Legal Services for Prisoners with Children

National Day Laborer Organizing Network

National Immigration Law Center

Pangea Legal Services

Project ALOFA

San Quentin Restorative Justice Program

Santa Ana Boys and Men of Color

Santa Clara County Public Defender’s Office

Services, Immigrant Rights & Education Network

Silicon Valley De-Bug

Southeast Asia Resource Action Center

United Farm Workers

OPPOSITION: (Verified 8/15/16)

None received

ASSEMBLY FLOOR: 52-21, 8/15/16

AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Holden, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon

NOES: Achadjian, Travis Allen, Bigelow, Brough, Chávez, Beth Gaines, Gatto, Grove, Harper, Irwin, Jones, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Cooper, Dahle, Gallagher, Roger Hernández, Linder, Maienschein, Olsen

Prepared by: Mary Kennedy / PUB. S. /

8/19/16 20:05:00

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1242

Author:(Lara)

As Amended Ver:August 11, 2016

Majority vote

SENATE VOTE: 31-8

SUMMARY: Retroactively applies the provision of law defining one year as 364 days for the purposes of sentencing. Specifically, this bill:

1. States that the reduced sentence applies to all convictions entered before January 1, 2015, even final judgments.
2. Provides that a person previously sentenced to one year in county jail may submit an application in the trial court requesting to be resentenced to a period not to exceed 364 days.

EXISTING STATE LAW:

1. Defines a felony as a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under Penal Code section 1170(h), (realignment).
2. States that every other crime or public offense is a misdemeanor except those offenses classified as infractions.
3. States that every offense which is prescribed by any law of the state to be punishable by imprisonment in the county jail up to or not exceeding one year shall be punishable by imprisonment in the county jail for a period not to exceed 364 days.
4. Provides that, except where a different punishment is prescribed, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months or by a fine not exceeding $1,000 or by both.
5. Provides that no part of the Penal Code is retroactive, unless expressly so declared.

EXISTING FEDERAL LAW:

1. Lists several categories of crimes which render a non-citizen removable from the United States, including: crimes of moral turpitude; aggravated felony convictions; domestic violence convictions; firearm convictions, and drug convictions.
2. Lists several categories of crimes which will render a non-citizen inadmissible to the United States, including: crimes of moral turpitude; drug convictions; and prostitution convictions.
3. Provides for enhanced penalties for a non-citizen who reenters the country illegally after being removed due to a conviction for an aggravated felony.
4. Renders an asylum applicant statutorily ineligible for political asylum if convicted of an aggravated felony.
5. Defines an "aggravated felony" as specified.

FISCAL EFFECT: None.

COMMENTS: According to the author, "Two years ago SB 1310 [(Lara), Chapter 174, Statutes of 2014] (Lara, 2014) aligned the definition of a misdemeanor between state and federal law. While SB 1310 aligned state and federal law on a prospective basis, it did not help those who were convicted of a misdemeanor prior to 2015. Thousands of legal residents are currently living in California with the threat of deportation looming for minor crimes. Many of those people have families and businesses in the state and few ties to their country of origin. SB 1242 will provide on a retroactive basis that all misdemeanors are punishable for no more than 364 days and ensure that legal residents are not deported due to previous discrepancies between state and federal law."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003871

SENATE THIRD READING

STR Bill Id:SB 1242

Author:(Lara)

As Amended Ver:June 16, 2016

Majority vote

SENATE VOTE: 31-8

SUMMARY: Retroactively applies the provision of law defining one year as 364 days for the purposes of sentencing. Specifically, this bill:

1. States that the reduced sentence applies to all convictions entered before the effective date, even final judgments.
2. Provides that a person previously sentenced to one year in county jail may file a motion in the trial court requesting to be resentenced to a period not to exceed 364 days.

EXISTING STATE LAW:

1. Defines a felony as a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under Penal Code section 1170(h), (realignment).
2. States that every other crime or public offense is a misdemeanor except those offenses classified as infractions.
3. States that every offense which is prescribed by any law of the state to be punishable by imprisonment in the county jail up to or not exceeding one year shall be punishable by imprisonment in the county jail for a period not to exceed 364 days.
4. Provides that, except where a different punishment is prescribed, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months or by a fine not exceeding $1,000 or by both.
5. Provides that no part of the Penal Code is retroactive, unless expressly so declared.

EXISTING FEDERAL LAW:

1. Lists several categories of crimes which render a non-citizen removable from the United States, including: crimes of moral turpitude; aggravated felony convictions; domestic violence convictions; firearm convictions, and drug convictions.
2. Lists several categories of crimes which will render a non-citizen inadmissible to the United States, including: crimes of moral turpitude; drug convictions; and prostitution convictions.
3. Provides for enhanced penalties for a non-citizen who reenters the country illegally after being removed due to a conviction for an aggravated felony.
4. Renders an asylum applicant statutorily ineligible for political asylum if convicted of an aggravated felony.
5. Defines an "aggravated felony" as specified.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "Two years ago SB 1310 [(Lara), Chapter 174, Statutes of 2014] (Lara, 2014) aligned the definition of a misdemeanor between state and federal law. While SB 1310 aligned state and federal law on a prospective basis, it did not help those who were convicted of a misdemeanor prior to 2015. Thousands of legal residents are currently living in California with the threat of deportation looming for minor crimes. Many of those people have families and businesses in the state and few ties to their country of origin. SB 1242 will provide on a retroactive basis that all misdemeanors are punishable for no more than 364 days and ensure that legal residents are not deported due to previous discrepancies between state and federal law."

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003461

Date of Hearing: June 14, 2016

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 1242

Author:(Lara) – As Amended Ver:March 28, 2016

As Proposed to be Amended in Committee

SUMMARY: Retroactively applies the provision of law defining one year as 364 days for the purposes of sentencing. Specifically, this bill:

1. States that the reduced sentence applies to all convictions entered before the effective date, even final judgments.
   
2. Provides that a person previously sentenced to one year in county jail may file a motion in the trial court requesting to be resentenced to a period not to exceed 364 days.

EXISTING STATE LAW:

1. Defines a felony as a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under Penal Code section 1170, subdivision (h), (realignment). (Pen. Code, § 17, subd. (a).)
2. States that every other crime or public offense is a misdemeanor except those offenses classified as infractions. (Pen. Code, § 17, subd. (a).)
   
3. States that every offense which is prescribed by any law of the state to be punishable by imprisonment in the county jail up to or not exceeding one year shall be punishable by imprisonment in the county jail for a period not to exceed 364 days. (Penal Code § 18.5)
   
4. Provides that, except where a different punishment is prescribed, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months or by a fine not exceeding $1,000 or by both. (Pen. Code, § 19.)
   
5. Provides that no part of the Penal Code is retroactive, unless expressly so declared. (Pen. Code, § 3.)
   

EXISTING FEDERAL LAW:

1. Lists several categories of crimes which render a non-citizen removable from the United States, including: crimes of moral turpitude; aggravated felony convictions; domestic violence convictions; firearm convictions, and drug convictions. (INA § 237(a)(2), see also 8 U.S.C. § 1227(a)(2).)
   
2. Lists several categories of crimes which will render a non-citizen inadmissible to the United States, including: crimes of moral turpitude; drug convictions; and prostitution convictions. (INA § 212(a)(2), see also 8 U.S.C. § 1182(a)(2).)
   
3. Provides for enhanced penalties for a non-citizen who reenters the country illegally after being removed due to a conviction for an aggravated felony. (INA § 276(b)(2); see also 8 U.S.C § 1326(b)(2).)
   
4. Renders an asylum applicant statutorily ineligible for political asylum if convicted of an aggravated felony. (INA §§ 208(b)(2); see also 8 U.S.C. § 1158(b)(2).)
   
5. Defines an "aggravated felony" as specified. (INA § 101(a)(43), see also 8 U.S.C. § 1101(a)(43)(F).)

FISCAL EFFECT:

COMMENTS:

1. Author's Statement: According to the author, "Two years ago SB 1310 (Lara, 2014) aligned the definition of a misdemeanor between state and federal law. While SB 1310 aligned state and federal law on a prospective basis, it did not help those who were convicted of a misdemeanor prior to 2015. Thousands of legal residents are currently living in California with the threat of deportation looming for minor crimes. Many of those people have families and businesses in the state and few ties to their country of origin. SB 1242 will provide on a retroactive basis that all misdemeanors are punishable for no more than 364 days and ensure that legal residents are not deported due to previous discrepancies between state and federal law."
   
2. Retroactive Application of New Statutes: Penal Code section 3 provides: "No part of [the Penal Code] is retroactive, unless expressly so declared." This means that "[a] new statute is generally presumed to operate prospectively absent an express declaration of retroactivity or a clear and compelling implication that the Legislature intended otherwise." (People v. Hayes (1989) 49 Cal.3d 1260, 1274.)
   
   In In re Estrada (1965) 63 Cal.2d 740, 744, the California Supreme Court recognized an exception to the general rule of prospective application of statutes and found that an intent for retroactive application is inherent where the Legislature changes the law to mitigate the penalty for a crime. When the Legislature amends a statute to reduce punishment, and does not include a savings clause, courts should apply the amendment retroactively so that the lighter punishment is imposed as to all cases not yet final on the effective date of the statute. (Id. at pp. 744-745, 748 .)
   
   "[F]or the purpose of determining retroactive application of an amendment to a criminal statute, a judgment is not final until the time for petitioning for a writ of certiorari in the United States Supreme Court has passed." (People v. Vieira (2005) 35 Cal.4th 264, 306 [citations and internal quotation marks omitted].)
   
   In 2014, SB 1310 (Lara) reduced the maximum misdemeanor sentence to 364 days. Under the principles discussed above, a defendant who was sentenced before the effective date of the new law, but whose appeal was pending was entitled to the benefit of the new law. However, as drafted, all cases which were final on appeal were not entitled to a modification in sentence. This bill specifies that change applies retroactively to all cases.
   
3. Legislative Authority to Make an Amendment Fully Retroactive: While Estrada, supra, 63 Cal.2d 740 requires retroactive application to judgments not yet final, nowhere does it prohibit retroactive application to judgments that are final if that is what the Legislature intended or what the Constitution requires. (In re Chavez (2004) 114 Cal.App.4th 989, 1000.)
   
   The Legislature has full authority to make a law fully retroactive. "A final judgment is not immune from the Legislature's power to adjust prison sentences for a legitimate public purpose. (Chavez, supra, 114 Cal.App.4th 1000, citing In re Kapperman (1974) 11 Cal.3d 542, 547; People v. Community Release Bd. (1979) 96 Cal.App.3d 792, 800; and Way v. Superior Court (1977) 74 Cal.App.3d 165, 181 (conc. opn. of Friedman, J.).)
   
   This bill provides that change applies retroactively to cases that were final.
   
4. Immigration Consequences of Criminal Convictions: In addition to criminal punishment, non-citizens can face immigration consequences as a result of a criminal conviction. Certain criminal convictions will make a non-citizen removable (formerly known as deportation), inadmissible (formerly known as exclusion), or both.
   
   Of significance for purposes of this bill, are "aggravated felonies." (8 U.S.C. § 1101(a)(43)(F), see also INA § 101(a)(43).) The term "aggravated felony" suggests a particularly serious offense. However, after the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, there are hundreds of aggravated felonies. Many offenses are aggravated felonies regardless of the sentence imposed. However, some offenses will be classified as aggravated felonies if the defendant is sentenced to a term of one year or more. This is true even though under California law, the crime is characterized as a misdemeanor, and not a felony.
   
   It should be noted that the federal immigration statute defines the term of imprisonment for a sentence as the "period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment in whole or in part." (8 U.S.C. § 1101(a)(48)(B).) Therefore, a person convicted of a misdemeanor who is sentenced to one year with part of, or even most of, the sentence suspended is still convicted of an aggravated felony for purposes of federal immigration law.
   
   Aggravated felonies have the most severe immigration consequences for non-citizens. Conviction of an aggravated felony can result in removal without a hearing and with no appeal, inadmissibility following removal, increased criminal penalties for illegal re-entry after removal based on conviction of an aggravated felony, ineligibility for asylum, and ineligibility for citizenship.
   
   As noted above, in 2014, SB 1310 (Lara) reduced the maximum misdemeanor sentence to 364 days to prevent misdemeanor offenses from being classed as aggravated felonies for purposes of immigration law. By making this law retroactive to cases that were final when SB 1310 was enacted, it will ensure that persons convicted of misdemeanors prior to 2015 will not face harsher immigration consequences than those receiving the benefit of the new law.
   
5. Argument in Support: According to the California Attorneys for Criminal Justice (CACJ), a co-sponsor of this bill, "In 2014, CACJ, along with many other co-sponsors, passed Senate Bill 1310. This bill reduced the maximum possible misdemeanor sentence by one day, from one year to 364 days. This one-day change corrected a glitch between California criminal and federal immigration laws, which had a catastrophic impact on California’s families. Immigration law will treat a state misdemeanor as a felony if the misdemeanor has a 365-day (as opposed to 364-day) potential sentence. Without §18.5, one misdemeanor, even with no jail time imposed, causes a lawful permanent resident to become automatically deportable.
   
   "However, the language of SB 1310 did not explicitly state whether the statute applied retroactively. This ambiguity has led to unjust results. Hundreds, if not thousands, of Californians may not benefit from the 2014 change because the statute does not explicitly state its retroactivity. As a result, thousands of families may be torn apart every year due to minor crimes, such as writing a bad check. This is an extremely problematic issue that has negative consequences for families in California.
   
   "By making this statute apply retroactively, this law will save the court time and money from families challenging removal proceedings based on old one-year misdemeanor sentences."
   
6. Prior Legislation: SB 1310 (Author:Lara), Chapter 174, Statutes of 2014, reduced the maximum sentence for a misdemeanor from 365 days to 364 days.

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorneys for Criminal Justice (Co-Sponsor)

Coalition for Humane Immigrant Rights Los Angeles (Co-Sponsor)

Immigrant Legal Resource Center (Co- Sponsor)

Latino Coalition for Healthy Communities (Co-Sponsor)

Los Angeles District Attorney’s Office (Co-Sponsor)

Mexican American Legal Defense Fund (Co-Sponsor)

A New PATH

All of Us or None

American Civil Liberties Union

American Friends Service Committee

American Immigration Lawyers Association

Asian Americans Advancing Justice
Asian Law Alliance

California Civil Liberties Advocacy

California Immigrant Policy Center

California Labor Federation

California Public Defenders Association

California Rural Legal Assistance Foundation
Californians for Safety and Justice

Californians United for a Responsible Budget

Canal Alliance

Center on Juvenile and Criminal Justice

Central American Resource Center

Centro Laboral de Graton

Community Legal Services in East Palo Alto

Courage Campaign

Day Labor Center – Hayward/Oakland

Drug Policy Alliance

Friends Committee on Legislation of California

Human Rights Watch

Latino Coalition for a Healthy California

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

Legal Services for Prisoners with Children
National Center for Youth Law

National Day Laborer Organizing Network

National Immigration Law Center

Pangea Legal Services
Prison Law Office

Project ALOFA

San Quentin Restorative Justice Program

Santa Ana Boys and Men of Color

Santa Clara County Public Defender’s Office

Services, Immigrant Rights & Education Network
Service Employees International Union

Silicon Valley De-Bug

Southeast Asia Resource Action Center

United Farm Workers Foundation

Opposition

None

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 1242

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 5-1, 4/12/16

AYES: Hancock, Glazer, Leno, Liu, Monning

NOES: Stone

NO VOTE RECORDED: Anderson

SUBJECT:

SOURCE: California Attorneys for Criminal Justice

Coalition for Humane Immigrant Rights Los Angeles

Immigrant Legal Resource Center

Latino Coalition for Healthy Communities

Los Angeles District Attorney’s Office

Mexican American Legal Defense Fund

DIGEST: This bill makes the law providing that one year is defined as 364 days for the purposes of sentencing a misdemeanor is retroactive.

ANALYSIS: Existing law provides that every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for period not to exceed 364 days. (Penal Code § 18.5)

This bill clarifies that the above provision retroactive.

Background

According to the author:

Two years ago SB 1310 (Lara, 2014) aligned the definition of misdemeanor between state and federal law. Federal law defines a misdemeanor crime as punishable for up to 364 days and anything longer is considered a felony. Previously, California defined a misdemeanor as a crime punishable for up to 365 days. The federal government did not recognize California’s definition due to this minor and technical difference, thousands legal residents, who committed low level and non-violent crimes were subject to deportation, needlessly ripping apart families.

While SB 1310 aligned state and federal law on a prospective basis, it did not help those who were convicted of a misdemeanor prior to 2015. Thousands of legal residents are currently living in California with the threat of deportation looming for minor crimes. Many of those people have families and businesses in the state and a few ties to their country of origin.

SB 1242 will provide on a retroactive basis that all misdemeanors are punishable for no more than 364 days and ensure that legal residents are not deported due to previous discrepancies between state and federal law.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/14/16)

California Attorneys for Criminal Justice (co-source)

Coalition for Humane Immigrant Rights Los Angeles (co-source)

Immigrant Legal Resource Center (co-source)

Latino Coalition for Healthy Communities (co-source)

Los Angeles District Attorney’s Office (co-source)

Mexican American Legal Defense Fund (co-source)

A New PATH

All of Us or None

American Civil Liberties Union

American Friends Service Committee

American Immigration Lawyers Association

Asian Americans Advancing Justice

California Civil Liberties Advocacy

California Immigrant Policy Center

California Labor Federation

California Public Defenders Association

California Rural Legal Assistance Foundation

Californians United for a Responsible Budget

Canal Alliance

Center of Juvenile and Criminal Justice

Central American Resource Center

Centro Laboral de Graton

Community Legal Services in East Palo Alto

Courage Campaign

Day Labor Center – Hayward/Oakland

Drug Policy Alliance

Friends Committee on Legislation of California

Human Rights Watch

Latino Coalition for a Healthy California

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

Legal Services for Prisoners with Children

National Day Laborer Organizing Network

National Immigration Law Center

Pangea Legal Services

Project ALOFA

San Quentin Restorative Justice Program

Santa Ana Boys and Men of Color

Santa Clara County Public Defender’s Office

Services, Immigrant Rights & Education Network

Silicon Valley De-Bug

Southeast Asia Resource Action Center

United Farm Workers

OPPOSITION: (Verified 4/14/16)

None received

Prepared by: Mary Kennedy / PUB. S. /

4/15/16 14:10:37

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: SB 1242 Hearing Date: April 12, 2016

Subject: Sentencing: Misdemeanors

HISTORY

Source: Los Angeles District Attorney’s Office

Immigrant Legal Resource Center

California Attorneys for Criminal Justice

Coalition for Humane Immigrant Rights LA

Mexican American Legal Defense Fund

Latino Coalition for Healthy Communities

Prior Legislation: SB 1310 (Lara) – Chapter 174, Stats. 2014

Support: All of us or None; American Civil Liberties Union; American Friends Service Committee; American Immigration Lawyers Association; Asian Americans Advancing Justice; California Public Defenders Association; California Immigrant Policy Center; California Rural Legal Assistance Foundation; California Civil Liberties Advocacy; Californians United for a Responsible Budget; Canal Alliance; Center of Juvenile and Criminal Justice; Central American Resource Center; Centro Laboral de Graton; Community Legal Services in East Palo Alto; Courage Campaign; Day Labor Center – Hayward/Oakland; Friends Committee on Legislation of California; Human Rights Watch; Latino Coalition for a Healthy California; Lawyers’ Committee for Civil Rights of the San Francisco Bay Area; Legal Services for Prisoners with Children; National Day Laborer Organizing Network; National Immigration Law Center; A New PATH; Pangea Legal Services; Project ALOFA; Santa Ana Boys and Men of Color; San Quentin Restorative Justice Program; Santa Clara County Public Defender’s Office; Services, Immigrant Rights & Education Network; Silicon Valley De-Bug; Southeast Asia Resource Action Center; United Farm Workers

Opposition: None known

PURPOSE

The purpose is to make the law providing that one year is defined as 364 days for the purposes of sentencing a misdemeanor is retroactive.

Existing law provides that every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for period not to exceed 364 days. (Penal Code § 18.5)

This bill would make the above provision retroactive.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Bill

According to the author:

Two years ago SB 1310 (Lara, 2014) aligned the definition of misdemeanor between state and federal law. Federal law defines a misdemeanor crime as punishable for up to 364 days and anything longer is considered a felony. Previously, California defined a misdemeanor as a crime punishable for up to 365 days. The federal government did not recognize California’s definition due to this minor and technical difference, thousands legal residents, who committed low level and non-violent crimes were subject to deportation, needlessly ripping apart families.

While SB 1310 aligned state and federal law on a prospective basis, it did not help those who were convicted of a misdemeanor prior to 2015. Thousands of legal residents are currently living in California with the threat of deportation looming for minor crimes. Many of those people have families and businesses in the state and a few ties to their country of origin.

SB 1242 will provide on a retroactive basis that all misdemeanors are punishable for no more than 364 days and ensure that legal residents are not deported due to previous discrepancies between state and federal law.

2. Clarifies that This Bill is Retroactive

This bill merely clarifies that the provision defining a year for the purposes of as misdemeanor as 364 days is retroactive.

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