HomeMy WebLinkAboutMINUTES - 03221994 - 1.45 TO: BOARD OF SUPERVISORS ........ Contra
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FROM: Phil Batchelor, County 'Administrator Costa ni 's l
x�. County
March 15 1994
DATE: spq-couN
SUBJECT: LEGISLATION: AB 3024 (Rainey) RE PROHIBITING A DEFENDANT IN
CERTAIN CASES FROM REQUIRING THAT A "WOBBLER" BE TRIED AS A
MISDEMEANOR RATHER THAN AS AN INFRACTION
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB 3024
by Assemblyman Rainey, which would prohibit a defendant in certain
cases from requiring that a "wobbler be tried as a misdemeanor
rather than as an infraction.
BACKGROUND:
One of the items on the Board' s 1994 Legislative Program is to
sponsor legislation which would prevent a defendant in certain
cases from requiring that an offenses which could be tried as
either a misdemeanor or an infraction (a, "wobbler" ) be tried as .a
misdemeanor, even though the offense was initially charged as an
infraction.
Under current law, certain specified offenses can be charged and
tried as either .a misdemeanor or as an infraction. These offenses
are defined as infractions, providing the prosecutor files a
complaint charging the offense as an infraction or the court
determines that the offense is an infraction. However, in both of
these cases the defendant has a veto right over having the offense
tried as an. infraction and can insist that the offense be tried as
a misdemeanor. Defendants will often exercise the right to have
the offense tried as a misdemeanor because they can then insist on
a jury trial and can request the services of' the Public Defender.
This can be very expensive for the County in cases which are very
minor and where the maximum fine may be only $100 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON— j trek 22 , 1994 APPROVED AS RECOMMENDED er' OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED �. y
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
M County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Gary T. Yancey, District Attorney
BY DEPUTY
-2-
Assemblyman Rainey has introduced AB 3024 at the County's request
to remedy this situation. Amendments are still pending for AB
3024 . As amended, AB 3024 will do the following:
1 . Apply to offenses which are defined as ones which can be
charged as either a misdemeanor or an infraction where the
maximum punishment is not more than six months in the county
jail .
2 . Indicate that these offenses are infractions where the
prosecutor charges the offense as an infraction or where the
court, with the consent of the prosecutor, determines that the
offense is an infraction.
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 3024
Introduced by Assembly Members Rainey and Isenberg
February 22, 1994
An act to amend Section 17 of the Penal Code, relating to
crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 3024, as introduced, Rainey. Crimes: infractions.
Existing law provides that certain offenses are infractions
when :(1) the prosecutor files a complaint charging the
offense as an infraction, unless the defendant elects to have
the case proceed as a misdemeanor, as specified, or (2) the
court, with the consent of the defendant, determines that the
offense is an infraction.
This bill would delete from these provisions the authority
of the defendant to elect to have the case proceed as a
misdemeanor and the requirement that the defendant
consent to the determination of the court that the offense is
an infraction.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.
1 SECTION 1. Section 17 of the Penal Code is amended
2 to read:
3 17. (a) A felony is a crime which is punishable with
4 death or by imprisonment in the state prison. Every other
5 crime or public offense is a, misdemeanor except those
6 offenses that are classified as infractions.
7 (b) When a crime is punishable; in the discretion of
8 the court, by imprisonment in the state prison or by fine
99 100
AB 3024 — 2 -
1 or imprisonment in the county jail, it is a misdemeanor
. 2 for all purposes under the following circumstances:
3 (1) After a judgment imposing a punishment other
4 than imprisonment in the state prison.
5 (2) When the court, upon committing the defendant
6 to the Youth Authority, designates the offense to be a
7 misdemeanor.
8 (3) When the court grants probation to a defendant
9 without imposition of sentence and at the time of
10 granting probation, or on application of the defendant or
11 probation officer thereafter, the court declares the
12 offense to be a misdemeanor.
13 (4) When the prosecuting attorney files in a court
14 having jurisdiction over misdemeanor offenses a
15 complaint specifying that the offense is a misdemeanor,
16 unless the defendant at the time of his or her arraignment
17 or plea objects to the offense being made a misdemeanor,
18 in which event the complaint shall be amended to charge
19 the felony and, the case shall proceed -on the felony
20 complaint.
21 1 (5) When, at or before the preliminary examination or
22 prior to filing an order pursuant to Section 872, the
23 magistrate determines that the offense is a misdemeanor,
24 in which event the case shall proceed as if the defendant
25 had, been arraigned on a misdemeanor complaint.
26, (c) When a defendant is committed to the Youth
27 Authority for a crime,punishable, in the discretion of the
28 court, by imprisonment in the state prison or by fine or
29 imprisonment in the county jail, the offenseshall, upon
30 the discharge of the defendant from the Youth Authority,
31 thereafter be deemed a misdemeanor for all purposes.
32 (d) A violation of any code section listed in Section
33 , 19.8 is an infraction subject to the procedures described
34 in Sections 19.6 and 19.7 when the following occurs: ,
35 (1) The prosecutor files a complaint charging the
36, offense as an infraction ftftless the defendaftt-, at the t4ffle
37 he of she is etr-r-atgfteEh aftef bei inferm ed of his,er hef
38 rights, eleets to have the ewe preeeed fts et wAsdeffteanerrl
39
40 (2) The court ; with the eeftseft+ of Otee,41efendati+-,
99 120
-3 — AB 3024
inor 1 determines that the offense is an infraction in which
2 event the case shall proceed as if the defendant had been
kher 3 arraigned on an infraction complaint.
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