PC17 - Revision history

Sysop: /* Execution of Sentence Suspended (ESS) or "joint suspended" */

2020-01-25T21:35:11Z

Execution of Sentence Suspended (ESS) or "joint suspended"

← Older revision		Revision as of 21:35, 25 January 2020
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	==Execution of Sentence Suspended (ESS) or "joint suspended"==		==Execution of Sentence Suspended (ESS) or "joint suspended"==

	Previously, when a sentence was imposed, but execution of that sentence was suspended for the length of probation, under the statute, a person could not qualify for reduction. ~~See~~ People v. ~~Mauch~~. AB1941 changed the statute effective January 1, 2019 so that any probationer, whether sentence is imposed or executed, can qualify for reduction. The Legislative Counsel's Digest analysis explicitly says: "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence." The bill analysis makes it clear that this was the intention.		Previously, when a sentence was imposed, but execution of that sentence was suspended for the length of probation, under the statute, a person could not qualify for reduction. If a judge mistakenly authorized it, the order to reduce was invalid. (People v. Wood (1998) 62 Cal.App.4th 1262.) AB1941 changed the statute effective January 1, 2019 so that any probationer, whether sentence is imposed or executed, can qualify for reduction. The Legislative Counsel's Digest analysis explicitly says: "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence." The bill analysis makes it clear that this was the intention.

	===Copy and paste answer===		===Copy and paste answer===

Sysop: /* =Copy and paste answer */

2020-01-25T01:27:50Z

=Copy and paste answer

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	Previously, when a sentence was imposed, but execution of that sentence was suspended for the length of probation, under the statute, a person could not qualify for reduction. See People v. Mauch. AB1941 changed the statute effective January 1, 2019 so that any probationer, whether sentence is imposed or executed, can qualify for reduction. The Legislative Counsel's Digest analysis explicitly says: "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence." The bill analysis makes it clear that this was the intention.		Previously, when a sentence was imposed, but execution of that sentence was suspended for the length of probation, under the statute, a person could not qualify for reduction. See People v. Mauch. AB1941 changed the statute effective January 1, 2019 so that any probationer, whether sentence is imposed or executed, can qualify for reduction. The Legislative Counsel's Digest analysis explicitly says: "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence." The bill analysis makes it clear that this was the intention.

	===Copy and paste answer==		===Copy and paste answer===
	PC17(b) changed recently. PC17(b) was changed by AB1491 and became effective 1/1/19. The change was specifically to allow people with suspended sentences to get reductions to misdemeanors.		PC17(b) changed recently. PC17(b) was changed by AB1491 and became effective 1/1/19. The change was specifically to allow people with suspended sentences to get reductions to misdemeanors.

Sysop: /* Execution of Sentence Suspended (ESS) or "joint suspended" */

2020-01-25T01:27:26Z

Execution of Sentence Suspended (ESS) or "joint suspended"

← Older revision		Revision as of 01:27, 25 January 2020
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	Previously, when a sentence was imposed, but execution of that sentence was suspended for the length of probation, under the statute, a person could not qualify for reduction. See People v. Mauch. AB1941 changed the statute effective January 1, 2019 so that any probationer, whether sentence is imposed or executed, can qualify for reduction. The Legislative Counsel's Digest analysis explicitly says: "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence." The bill analysis makes it clear that this was the intention.		Previously, when a sentence was imposed, but execution of that sentence was suspended for the length of probation, under the statute, a person could not qualify for reduction. See People v. Mauch. AB1941 changed the statute effective January 1, 2019 so that any probationer, whether sentence is imposed or executed, can qualify for reduction. The Legislative Counsel's Digest analysis explicitly says: "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence." The bill analysis makes it clear that this was the intention.

	~~My copy~~ and paste answer ~~is:~~		===Copy and paste answer==
	PC17(b) changed recently. PC17(b) was changed by AB1491 and became effective 1/1/19. The change was specifically to allow people with suspended sentences to get reductions to misdemeanors.		PC17(b) changed recently. PC17(b) was changed by AB1491 and became effective 1/1/19. The change was specifically to allow people with suspended sentences to get reductions to misdemeanors.

	PC17(b) now says:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:		PC17(b) now says:

			(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:

	(3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.		(3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

	PC17(b) used to say:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:		PC17(b) used to say:
	(3) When the court grants probation to a defendant ''without imposition of sentence'' and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.


			(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:

			(3) When the court grants probation to a defendant ''without imposition of sentence'' and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

	==Statute==		==Statute==

Sysop at 01:26, 25 January 2020

2020-01-25T01:26:30Z

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	'''Penal Code section 17'''		'''Penal Code section 17'''

			==Motions==
			[[Esteybar motion]]


			==Execution of Sentence Suspended (ESS) or "joint suspended"==

			Previously, when a sentence was imposed, but execution of that sentence was suspended for the length of probation, under the statute, a person could not qualify for reduction. See People v. Mauch. AB1941 changed the statute effective January 1, 2019 so that any probationer, whether sentence is imposed or executed, can qualify for reduction. The Legislative Counsel's Digest analysis explicitly says: "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence." The bill analysis makes it clear that this was the intention.

			My copy and paste answer is:
	PC17(b) changed recently. PC17(b) was changed by AB1491 and became effective 1/1/19. The change was specifically to allow people with suspended sentences to get reductions to misdemeanors.		PC17(b) changed recently. PC17(b) was changed by AB1491 and became effective 1/1/19. The change was specifically to allow people with suspended sentences to get reductions to misdemeanors.
	PC17(b) now says:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:(3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.PC17(b) used to say:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

	~~The Legislative Counsel's Digest analysis explicitly~~ says, ~~"This bill would make that condition authorizing~~ the court to ~~declare~~ the offense to be a misdemeanor ~~applicable regardless of whether the court imposes a sentence~~."		PC17(b) now says:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
			(3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

	~~And~~ the ~~author's stated intent which is recorded~~ in the ~~bill analysis was to allow 17~~(b) ~~reductions~~ for ~~execution~~ of sentence ~~suspended sentences~~.		PC17(b) used to say:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
			(3) When the court grants probation to a defendant ''without imposition of sentence'' and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.



	~~==Motions==~~
	~~[[Esteybar motion]]~~

	==Statute==		==Statute==

Sysop: /* Statute */

2020-01-25T01:14:36Z

Statute

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	(d) A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:		(d) A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:
			:(1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or;
	(1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or;		:(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

	(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

	(e) Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.		(e) Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.

Sysop: /* Statute */

2020-01-25T01:13:52Z

Statute

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 ==Statute==
-===17.===
 (a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.
@@ Line 38: / Line 57: @@
 (e) Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.

Sysop at 01:08, 25 January 2020

2020-01-25T01:08:38Z

← Older revision		Revision as of 01:08, 25 January 2020
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	'''Penal Code section 17'''		'''Penal Code section 17'''

			PC17(b) changed recently. PC17(b) was changed by AB1491 and became effective 1/1/19. The change was specifically to allow people with suspended sentences to get reductions to misdemeanors.
			PC17(b) now says:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:(3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.PC17(b) used to say:(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

			The Legislative Counsel's Digest analysis explicitly says, "This bill would make that condition authorizing the court to declare the offense to be a misdemeanor applicable regardless of whether the court imposes a sentence."

			And the author's stated intent which is recorded in the bill analysis was to allow 17(b) reductions for execution of sentence suspended sentences.



	==Motions==		==Motions==

Sysop: Created page with "'''Penal Code section 17''' ==Motions== Esteybar motion ==Statute== ===17.=== (a) A felony is a crime that is punishable with death, by imprisonment in the state prison,..."

2014-04-11T20:47:18Z

Created page with "'''Penal Code section 17''' ==Motions== Esteybar motion ==Statute== ===17.=== (a) A felony is a crime that is punishable with death, by imprisonment in the state prison,..."

New page

'''Penal Code section 17'''

==Motions==
[[Esteybar motion]]

==Statute==
===17.===
(a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:

:(1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.

:(2) When the court, upon committing the defendant to the Division of Juvenile Justice, designates the offense to be a misdemeanor.

:(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

:(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint.

:(5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.

(c) When a defendant is committed to the Division of Juvenile Justice for a crime punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail not exceeding one year, the offense shall, upon the discharge of the defendant from the Division of Juvenile Justice, thereafter be deemed a misdemeanor for all purposes.

(d) A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:

(1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or;

(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(e) Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.

===Legislative History===
(Amended (as amended by Stats. 2011, Ch. 15, Sec. 228) by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 6. Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)