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 ASSEMBLY  JUNE 16, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Lara

                        FEBRUARY 18, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1242, as amended, Lara. Sentencing: 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.
  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. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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.   (a)    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.
  This section shall apply retroactively, whether or not
the case was final as of the date this section became effective.
 
   (b) A person who was sentenced to a term of one year in county
jail prior to the effective date of this section may 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
specified in subdivision (a).