Plain English Breakdown
Checked against official source text during the last sync.
AB-321: Changing When Courts Can Call Crimes Misdemeanors
This law allows courts to decide that a crime is a misdemeanor at any time before trial, instead of only by the preliminary examination or filing date.
What This Bill Does
- Allows a court to make an offense a misdemeanor if it determines so at any point prior to trial.
- Removes the old rule requiring this decision to happen only at or before the preliminary examination or when certain orders are filed.
- Requires that after a request is denied, new requests can be made only if there are changed circumstances.
Who It Names or Affects
- Courts deciding on criminal charges
- Defendants facing crimes that courts have the power to charge as either felonies or misdemeanors
Terms To Know
- Misdemeanor
- An offense other than a felony or infraction, which is not punishable by death, state prison, or county jail for more than one year.
- Felony
- A crime punishable with death, imprisonment in the state prison, or imprisonment in a county jail for more than one year.
- Preliminary examination
- An early court hearing mentioned as part of existing rules for deciding if an offense is a misdemeanor.
Limits and Unknowns
- The official text does not state the specific date this law takes effect.
- This change applies only to crimes where the court has discretion to charge them as felonies or misdemeanors, not all crimes.