Bill Text: CA SB1242 | 2015-2016 | Regular Session | Amended

California Senate Bill 1242 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Sentencing: misdemeanors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 789, Statutes of 2016. [SB1242 Detail]

Download: California-2015-SB1242-Amended.html

BILL NUMBER: SB 1242	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Lara

                        FEBRUARY 18, 2016

   An act to  add Section 1210.6 to   amend
Section 18.5 of  the Penal Code, relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1242, as amended, Lara. Sentencing:  modification:
immigration consequences.   misdemeanors.  
   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. 

   Existing law authorizes, in certain circumstances, the court,
within 120 days of the defendant's 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 18.5 of the   Penal
Code   is amended to read: 
   18.5.  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 a period not to exceed 364 days.  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 effective date of
Chapter 174 of the Statutes of 2014 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.  
  SECTION 1.    Section 1210.6 is added to the Penal
Code, immediately following Section 1210.5, to read:
   1210.6.  (a) The court shall at any time have 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
all of the following conditions are satisfied:
   (1) The county jail term was served as a result of a plea of
guilty or nolo contendere to, or conviction for, a misdemeanor
offense or as a condition of probation imposed as a result of a plea
of guilty or nolo contendere to, or a conviction for, a felony
offense in which the court never imposed sentence.
   (2) The defendant is not a United States citizen and may be
subject to adverse immigration consequences because of the 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 adverse immigration consequences.
   (3) In the discretion of the court, reducing the county jail term
would be in furtherance of justice.
   (4) If the county jail term was a material term of a plea
agreement, the prosecution consents to a reduction pursuant to this
section.
   (b) The defendant shall bring a motion to reduce a county jail
term in the same court in which the defendant entered his or her plea
of guilty or nolo contendere or in which he or she was convicted.
The court may reduce the county jail term to any lower term allowed
by law for the offense. However, the court shall not modify any other
terms of the conviction.
   (c) If the defendant has previously been granted relief under this
section, the court may deny a subsequent request without considering
the merits. Notwithstanding any other provision of law, the grant or
denial of relief under this section shall not be appealable, but may
be challenged by a petition for a writ of mandate or prohibition
filed within 60 days of the grant or denial.  
  SEC. 2.    The Legislature finds that there is no
mandate contained in this act that will result in costs incurred by a
local agency or school district for a new program or higher level of
service which require reimbursement pursuant to Section 6 of Article
XIII B of the California Constitution and Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code.