Bill > AB321

This bill modifies Section 17 of the California Penal Code regarding how certain crimes are classified as misdemeanors. Under existing law, crimes punishable by death or state prison are considered felonies, while other offenses are typically misdemeanors. The bill changes the circumstances under which a potentially more serious crime can be designated as a misdemeanor by allowing the court to determine the offense is a misdemeanor prior to trial, either on its own motion or upon motion of a party. Importantly, the bill adds a new provision that after a motion to classify the offense as a misdemeanor is denied, any subsequent motion can only be made if there are changed circumstances. This means that once the court has initially rejected reclassifying the offense, a new motion must demonstrate that meaningful new information or circumstances have emerged. The change gives courts more flexibility in classifying certain offenses while also preventing repeated motions without substantial justification. The bill does not alter other existing provisions about crime classification, such as those related to probation, youth treatment facilities, or prosecutorial filing decisions.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB321