SB 617: 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 attorneys 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 The provisions of the bill would be repealed on January 1, 2020.