Crimes.
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SB 617 — Crimes.
Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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 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.
Bill Text
- Amended 01/14/16 - Amended Senate Current pdf January 14, 2016
- Amended 01/05/16 - Amended Senate pdf January 05, 2016
- Amended 01/04/16 - Amended Senate pdf January 04, 2016
- Amended 04/29/15 - Amended Senate pdf April 29, 2015
- Amended 04/06/15 - Amended Senate pdf April 06, 2015
- Introduced 02/27/15 - Introduced pdf February 27, 2015
- SB617 View text html
Action History
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Returned to Secretary of Senate pursuant to Joint Rule 56.
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January 21 hearing: Held in committee and under submission.
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Set for hearing January 21.
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January 19 hearing: Placed on APPR. suspense file.
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Set for hearing January 19.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
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Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 1. Page 2886.) (January 12). Re-referred to Com. on RLS.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Set for hearing January 12.
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May 12 set for first hearing.Testimony taken.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Set for hearing May 12.
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April 28 hearing postponed by committee.
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Set for hearing April 28.
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Re-referred to Com. on PUB. S.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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Read first time.
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From printer. May be acted upon on or after April 1.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Block · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No
Sponsors (1)
- Block
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Beall | — | Yea |
| Nielsen | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Leyva | — | Yea |
| Mendoza | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 1 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Leno | — | Yea |
| Anderson | — | Not Voting |
| Liu | — | Yea |
| Monning | — | Yea |
| Glazer | — | Yea |
| Mark Stone | — | Nay |
Subjects
Frequently asked questions
- What does SB 617 do?
- 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 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.
- Who sponsors SB 617?
- SB 617 is sponsored by Block.
- What is the current status of SB 617?
- This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 617?
- Track SB 617 free on One Click Politics — get push/email alerts when it moves.
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