california legislature—2021–22 regular session
ASSEMBLY BILL No. 1599
Introduced by Assembly Members Kiley, Gallagher, and Patterson (Coauthors: Assembly Members Choi, Davies, Flora, Lackey, Nguyen, Seyarto, Smith, and Waldron)
(Coauthors: Senators Jones, Melendez, Nielsen, and Wilk) January 3, 2022
An act to repeal Chapter 33 (commencing with Section 7599) of Division 7 of Title 1 of the Government Code, to amend Sections 11350 and 11377 of the Health and Safety Code, and to amend Sections 473, 476a, 496, and 666 of, and to repeal Sections 459.5, 490.2, and 1170.18 of, the Penal Code, relating to crimes.
legislative counsel’s digest
AB 1599, as introduced, Kiley. Proposition 47: repeal.
The Safe Neighborhoods and Schools Act, enacted as an initiati ve statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, made v arious changes relating to theft and the possession of controlled substances, including by, among other things, generally reducing the penalty for those crimes, including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the sa vings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the
99 manner of distribution of those funds and the purposes for which they may be used.
This bill would repeal the changes and additions made by Proposition 47, e xcept those related to reducing the penalty for possession of concentrated cannabis. This bill w ould provide that it w ould become effective only upon approval of the voters, and would provide for the submission of this measure to the v oters for appro val at the ne xt statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 33 (commencing with Section 7599) of line 2 Division 7 of Title 1 of the Government Code is repealed. line 3 SEC. 2. Section 11350 of the Health and Safety Code is line 4 amended to read:
line 5 11350. (a) Except as otherwise provided in this division, every line 6 person who possesses (1) an y controlled substance specified in line 7 subdivision (b), (c), (e), (b) or (c), or paragraph (1) of subdivision line 8 (f) of Section 11054, specified in paragraph (14), (15), or (20) of line 9 subdivision (d) of Section 11054, or specified in subdi vision (b) line 10 or (c) of Section 11055, or specified in subdivision (h) of Section line 11 11056, or (2) any controlled substance classified in Schedule III, line 12 IV, or V which is a narcotic drug, unless upon the written line 13 prescription of a ph ysician, dentist, podiatrist, or v eterinarian line 14 licensed to practice in this state, shall be punished by imprisonment line 15 in a county jail for not more than one year, except that such person line 16 shall instead be punished pursuant to subdi vision (h) of Section line 17 1170 of the Penal Code if that person has one or more prior line 18 convictions for an offense specified in clause (iv) of subparagraph line 19 (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal line 20 Code or for an of fense requiring re gistration pursuant to line 21 subdivision (c) of Section 290 of the Penal Code. line 22 (b) Except as otherwise provided in this division, every person line 23 who possesses any contr olled substance specified in subdivision line 24 (e) of Section 11054 shall be punished by imprisonment in a county line 25 jail for not more than one year, or pursuant to subdivision (h) of line 26 Section 1170 of the Penal Code.
line 27 (b)
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line 1 (c) Except as otherwise pro vided in this di vision, whenever a line 2 person who possesses any of the controlled substances specified line 3 in subdivision (a), (a) or (b), the judge may , in addition to an y line 4 punishment provided for pursuant to subdivision (a), assess against line 5 that person a fine not to exceed seventy dollars ($70) with proceeds line 6 of this fine to be used in accordance with Section 1463.23 of the line 7 Penal Code. The court shall, however, take into consideration the line 8 defendant’s ability to pay , and no defendant shall be denied line 9 probation because of his or her their inability to pay the fine line 10 permitted under this subdivision.
line 11 (c)
line 12 (d) Except in unusual cases in which it w ould not serv e the line 13 interest of justice to do so, whene ver a court grants probation line 14 pursuant to a felon y conviction under this section, in addition to line 15 any other conditions of probation which may be imposed, the line 16 following conditions of probation shall be ordered:
line 17 (1) For a first offense under this section, a fine of at least one line 18 thousand dollars ($1,000) or community service. line 19 (2) For a second or subsequent of fense under this section, a line 20 fine of at least two thousand dollars ($2,000) or community service. line 21 (3) If a defendant does not have the ability to pay the minimum line 22 fines specified in paragraphs (1) and (2), community service shall line 23 be ordered in lieu of the fine.
line 24 (d)
line 25 (e) It is not unla wful for a person other than the prescription line 26 holder to possess a controlled substance described in subdivision line 27 (a) if both of the following apply:
line 28 (1) The possession of the controlled substance is at the direction line 29 or with the express authorization of the prescription holder. line 30 (2) The sole intent of the possessor is to deliver the prescription line 31 to the prescription holder for its prescribed use or to discard the line 32 substance in a lawful manner.
line 33 (e)
line 34 (f) This section does not permit the use of a controlled substance line 35 by a person other than the prescription holder or permit the line 36 distribution or sale of a controlled substance that is otherwise line 37 inconsistent with the prescription.
line 38 SEC. 3. Section 11377 of the Health and Safety Code is line 39 amended to read:
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line 1 11377. (a) Except as authorized by la w and as otherwise line 2 provided in subdi vision (b) or Section 11375, or in Article 7 line 3 (commencing with Section 4211) of Chapter 9 of Di vision 2 of line 4 the Business and Professions Code, e very person who possesses line 5 any controlled substance which is (1) classified in Schedule III, line 6 IV, or V, and which is not a narcotic drug, (2) specified in line 7 subdivision (d) of Section 11054, e xcept paragraphs (13), (14), line 8 (15), and (20) of subdi vision (d), (3) specified in paragraph (11) line 9 of subdivision (c) of Section 11056, (4) specified in paragraph (2) line 10 or (3) of subdi vision (f) of Section 11054, or (5) specified in line 11 subdivision (d), (e), or (f) of Section 11055, unless upon the line 12 prescription of a ph ysician, dentist, podiatrist, or v eterinarian, line 13 licensed to practice in this state, shall be punished by imprisonment line 14 in a county jail for a period of not more than one year, except that line 15 such person may instead be punished pursuant to subdivision (h) line 16 of Section 1170 of the Penal Code if that person has one or more line 17 prior con victions for an of fense specified in clause (i v) of line 18 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 19 667 of the Penal Code or for an of fense requiring re gistration line 20 pursuant to subdivision (c) of Section 290 of the or pursuant to line 21 subdivision (h) of Section 1170 of the Penal Code. line 22 (b) (1) Any person who violates subdivision (a) by unlawfully line 23 possessing a controlled substance specified in subdivision (f) of line 24 Section 11056, and who has not pr eviously been con victed of a line 25 violation involving a controlled substance specified in subdivision line 26 (f) of Section 11056, is guilty of a misdemeanor. line 27 (2) Any per son who violates subdivision (a) by unlawfully line 28 possessing a controlled substance specified in subdivision (g) of line 29 Section 11056 is guilty of a misdemeanor.
line 30 (3) Any per son who violates subdivision (a) by unlawfully line 31 possessing a controlled substance specified in par agraph (7) or line 32 (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor. line 33 (4) Any per son who violates subdivision (a) by unlawfully line 34 possessing a contr olled substance specified in par agraph (8) of line 35 subdivision (f) of Section 11057 is guilty of a misdemeanor. line 36 (b) The
line 37 (c) In addition to any fine assessed under subdivision (b), the line 38 judge may assess a fine not to exceed seventy dollars ($70) against line 39 any person who violates subdivision (a), with the proceeds of this line 40 fine to be used in accordance with Section 1463.23 of the Penal 99 — 4 — AB 1599
line 1 Code. The court shall, ho wever, tak e into consideration the line 2 defendant’s ability to pay , and no defendant shall be denied line 3 probation because of his or her their inability to pay the fine line 4 permitted under this subdivision.
line 5 (c)
line 6 (d) It is not unla wful for a person other than the prescription line 7 holder to possess a controlled substance described in subdivision line 8 (a) if both of the following apply:
line 9 (1) The possession of the controlled substance is at the direction line 10 or with the express authorization of the prescription holder. line 11 (2) The sole intent of the possessor is to deliver the prescription line 12 to the prescription holder for its prescribed use or to discard the line 13 substance in a lawful manner.
line 14 (d)
line 15 (e) This section does not permit the use of a controlled substance line 16 by a person other than the prescription holder or permit the line 17 distribution or sale of a controlled substance that is otherwise line 18 inconsistent with the prescription.
line 19 SEC. 4. Section 459.5 of the Penal Code is repealed. line 20 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 21 as entering a commercial establishment with intent to commit line 22 larceny while that establishment is open during re gular business line 23 hours, where the value of the property that is taken or intended to line 24 be taken does not e xceed nine hundred fifty dollars ($950). Any line 25 other entry into a commercial establishment with intent to commit line 26 larceny is b urglary. Shoplifting shall be punished as a line 27 misdemeanor, e xcept that a person with one or more prior line 28 convictions for an offense specified in clause (iv) of subparagraph line 29 (C) of paragraph (2) of subdi vision (e) of Section 667 or for an line 30 offense requiring registration pursuant to subdivision (c) of Section line 31 290 may be punished pursuant to subdivision (h) of Section 1170. line 32 (b) Any act of shoplifting as defined in subdivision (a) shall be line 33 charged as shoplifting. No person who is charged with shoplifting line 34 may also be charged with burglary or theft of the same property. line 35 SEC. 5. Section 473 of the Penal Code is amended to read:
line 36 473. (a) Forgery is punishable by imprisonment in a county line 37 jail for not more than one year , or by imprisonment pursuant to line 38 subdivision (h) of Section 1170.
line 39 (b) Notwithstanding subdivision (a), any person who is guilty line 40 of forgery relating to a check, bond, bank bill, note, cashier’s check, 99 AB 1599 — 5 —
line 1 traveler’s check, or mone y order, where the v alue of the check, line 2 bond, bank bill, note, cashier’s check, traveler’s check, or money line 3 order does not exceed nine hundred fifty dollars ($950), shall be line 4 punishable by imprisonment in a county jail for not more than one line 5 year, except that such person may instead be punished pursuant line 6 to subdivision (h) of Section 1170 if that person has one or more line 7 prior con victions for an of fense specified in clause (i v) of line 8 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 9 667 or for an offense requiring registration pursuant to subdivision line 10 (c) of Section 290. This subdivision shall not be applicable to any line 11 person who is convicted both of for gery and of identity theft, as line 12 defined in Section 530.5.
line 13 SEC. 6. Section 476a of the Penal Code is amended to read:
line 14 476a. (a) Any person who, for himself or herself, themselves, line 15 as the agent or representati ve of another , or as an officer of a line 16 corporation, willfully, with intent to defraud, mak es or draws or line 17 utters or delivers a check, draft, or order upon a bank or depositary, line 18 a person, a firm, or a corporation, for the payment of mone y, line 19 knowing at the time of that making, drawing, uttering, or delivering line 20 that the maker or drawer or the corporation has not sufficient funds line 21 in, or credit with the bank or depositary , person, firm, or line 22 corporation, for the payment of that check, draft, or order and all line 23 other checks, drafts, or orders upon funds then outstanding, in full line 24 upon its presentation, although no express representation is made line 25 with reference thereto, is punishable by imprisonment in a county line 26 jail for not more than one year , or pursuant to subdi vision (h) of line 27 Section 1170.
line 28 (b) However, if the total amount of all checks, drafts, or orders line 29 that the defendant is char ged with and con victed of making, line 30 drawing, or uttering does not e xceed nine hundred fifty dollars line 31 ($950), four hundred fifty dollars ($450), the offense is punishable line 32 only by imprisonment in the county jail for not more than one year, line 33 except that such person may instead be punished pursuant to line 34 subdivision (h) of Section 1170 if that person has one or more line 35 prior con victions for an of fense specified in clause (i v) of line 36 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 37 667 or for an offense requiring registration pursuant to subdivision line 38 (c) of Section 290. year. This subdivision shall not be applicable line 39 if the defendant has pre viously been convicted of three or more line 40 violations a violation of Section 470, 475, or 476, or of this section, 99 — 6 — AB 1599
line 1 or of the crime of petty theft in a case in which defendant’s offense line 2 was a violation also of Section 470, 475, or 476 or of this section line 3 or if the defendant has pre viously been convicted of any offense line 4 under the laws of any other state or of the United States which, if line 5 committed in this state, would have been punishable as a violation line 6 of Section 470, 475 or 476 or of this section or if he the defendant line 7 has been so convicted of the crime of petty theft in a case in which, line 8 if defendant’s offense had been committed in this state, it w ould line 9 have been a violation also of Section 470, 475, or 476, or of this line 10 section.
line 11 (c) Where the check, draft, or order is protested on the ground line 12 of insufficiency of funds or credit, the notice of protest shall be line 13 admissible as proof of presentation, nonpayment, and protest and line 14 shall be presumpti ve evidence of kno wledge of insufficienc y of line 15 funds or credit with the bank or depositary , person, firm, or line 16 corporation.
line 17 (d) In any prosecution under this section involving two or more line 18 checks, drafts, or orders, it shall constitute prima f acie evidence line 19 of the identity of the dra wer of a check, draft, or order if both of line 20 the following occur:
line 21 (1) When the payee accepts the check, draft, or order from the line 22 drawer, he or she the payee obtains from the drawer the following line 23 information: name and residence of the drawer, business or mailing line 24 address, either a v alid driver’s license number or Department of line 25 Motor Vehicles identification card number, and the drawer’s home line 26 or work phone number or place of employment. That information line 27 may be recorded on the check, draft, or order itself or may be line 28 retained on file by the payee and referred to on the check, draft, line 29 or order by identifying number or other similar means. line 30 (2) The person recei ving the check, draft, or order witnesses line 31 the drawer’s signature or endorsement, and, as e vidence of that, line 32 initials the check, draft, or order at the time of receipt. line 33 (e) The word “credit” as used herein shall be construed to mean line 34 an arrangement or understanding with the bank or depositary , line 35 person, firm, or corporation for the payment of a check, draft, or line 36 order.
line 37 (f) If any of the preceding paragraphs, or parts thereof, shall be line 38 found unconstitutional or in valid, the remainder of this section line 39 shall not thereby be invalidated, but shall remain in full force and line 40 effect.
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line 1 (g) A sherif f’s department, police department, or other la w line 2 enforcement agenc y may collect a fee from the defendant for line 3 investigation, collection, and processing of checks referred to their line 4 agency for in vestigation of alle ged violations of this section or line 5 Section 476.
line 6 (h) The amount of the fee shall not exceed twenty-five dollars line 7 ($25) for each bad check, in addition to the amount of an y bank line 8 charges incurred by the victim as a result of the alle ged offense. line 9 If the sherif f’s department, police department, or other la w line 10 enforcement agency collects a fee for bank char ges incurred by line 11 the victim pursuant to this section, that fee shall be paid to the line 12 victim for any bank fees the victim may have been assessed. In no line 13 event shall reimbursement of the bank charge to the victim pursuant line 14 to this section exceed ten dollars ($10) per check. line 15 SEC. 7. Section 490.2 of the Penal Code is repealed. line 16 490.2. (a) Notwithstanding Section 487 or any other provision line 17 of law defining grand theft, obtaining any property by theft where line 18 the value of the money, labor, real or personal property taken does line 19 not exceed nine hundred fifty dollars ($950) shall be considered line 20 petty theft and shall be punished as a misdemeanor , except that line 21 such person may instead be punished pursuant to subdivision (h) line 22 of Section 1170 if that person has one or more prior con victions line 23 for an of fense specified in clause (i v) of subparagraph (C) of line 24 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 25 requiring registration pursuant to subdivision (c) of Section 290. line 26 (b) This section shall not be applicable to any theft that may be line 27 charged as an infraction pursuant to any other provision of law. line 28 (c) This section shall not apply to theft of a firearm. line 29 SEC. 8. Section 496 of the Penal Code is amended to read:
line 30 496. (a) Every person who buys or receives any property that line 31 has been stolen or that has been obtained in an y manner line 32 constituting theft or extortion, knowing the property to be so stolen line 33 or obtained, or who conceals, sells, withholds, or aids in line 34 concealing, selling, or withholding any property from the owner, line 35 knowing the property to be so stolen or obtained, shall be punished line 36 by imprisonment in a county jail for not more than one year , or line 37 imprisonment pursuant to subdi vision (h) of Section 1170. line 38 However, if the district attorney or the grand jury determines that line 39 this action would be in the interests of justice, the district attorney line 40 or the gr and jury, as the case may be , may if the v alue of the 99 — 8 — AB 1599
line 1 property does not exceed nine hundred fifty dollars ($950), specify line 2 in the accusatory pleading that the offense shall be a misdemeanor, line 3 punishable only by imprisonment in a county jail not e xceeding line 4 one year, if such person has no prior con victions for an of fense line 5 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 6 subdivision (e) of Section 667 or for an of fense requiring line 7 registration pursuant to subdivision (c) of Section 290. year. line 8 A principal in the actual theft of the property may be convicted line 9 pursuant to this section. Ho wever, no person may be con victed line 10 both pursuant to this section and of the theft of the same property. line 11 (b) Every swap meet vendor, as defined in Section 21661 of the line 12 Business and Professions Code, and every person whose principal line 13 business is dealing in, or collecting, merchandise or personal line 14 property, and e very agent, emplo yee, or representati ve of that line 15 person, who buys or receives any property of a value in excess of line 16 nine hundred fifty dollars ($950) that has been stolen or obtained line 17 in any manner constituting theft or extortion, under circumstances line 18 that should cause the person, agent, emplo yee, or representative line 19 to make reasonable inquiry to ascertain that the person from whom line 20 the property was bought or received had the legal right to sell or line 21 deliver it, without making a reasonable inquiry, shall be punished line 22 by imprisonment in a county jail for not more than one year , or line 23 imprisonment pursuant to subdivision (h) of Section 1170. line 24 Every swap meet v endor, as defined in Section 21661 of the line 25 Business and Professions Code, and every person whose principal line 26 business is dealing in, or collecting, merchandise or personal line 27 property, and e very agent, emplo yee, or representati ve of that line 28 person, who b uys or recei ves an y property of a v alue of nine line 29 hundred fifty dollars ($950) or less that has been stolen or obtained line 30 in any manner constituting theft or extortion, under circumstances line 31 that should cause the person, agent, emplo yee, or representative line 32 to make reasonable inquiry to ascertain that the person from whom line 33 the property was bought or received had the legal right to sell or line 34 deliver it, without making a reasonable inquiry, shall be guilty of line 35 a misdemeanor.
line 36 (c) Any person who has been injured by a violation of line 37 subdivision (a) or (b) may bring an action for three times the line 38 amount of actual damages, if any, sustained by the plaintiff, costs line 39 of suit, and reasonable attorney’s fees.
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line 1 (d) Notwithstanding Section 664, an y attempt to commit an y line 2 act prohibited by this section, e xcept an offense specified in the line 3 accusatory pleading as a misdemeanor , is punishable by line 4 imprisonment in a county jail for not more than one year , or by line 5 imprisonment pursuant to subdivision (h) of Section 1170. line 6 SEC. 9. Section 666 of the Penal Code is amended to read:
line 7 666. (a) Notwithstanding Section 490, e very per son who, line 8 having been con victed three or mor e times of petty theft, gr and line 9 theft, a con viction pursuant to subdivision (d) or (e) of Section line 10 368, auto theft under Section 10851 of the Vehicle Code, burglary, line 11 carjacking, robbery, or a felony violation of Section 496 and having line 12 served a term ther efor in any penal institution or having been line 13 imprisoned therein as a condition of pr obation for that of fense, line 14 and who is subsequently convicted of petty theft, is punishable by line 15 imprisonment in a county jail not e xceeding one year , or line 16 imprisonment pursuant to subdivision (h) of Section 1170. line 17 (a)
line 18 (b) Notwithstanding Section 490, an y person described in line 19 subdivision (b) paragraph (1) who, having been convicted of petty line 20 theft, grand theft, a con viction pursuant to subdi vision (d) or (e) line 21 of Section 368, auto theft under Section 10851 of the Vehicle line 22 Code, burglary, carjacking, robbery, or a felony violation of Section line 23 496, and ha ving served a term of imprisonment therefor in an y line 24 penal institution or having been imprisoned therein as a condition line 25 of probation for that of fense, and who is subsequently con victed line 26 of petty theft, is punishable by imprisonment in the county jail not line 27 exceeding one year, or in the state prison.
line 28 (b) Subdivision (a) shall
line 29 (1) This subdivision shall apply to any person who is required line 30 to register pursuant to the Sex Offender Registration Act, or who line 31 has a prior violent violent or serious felony conviction, as specified line 32 in clause (iv) of subparagraph (C) of paragraph (2) of subdivision line 33 (e) of Section 667, or has a conviction pursuant to subdivision (d) line 34 or (e) of Section 368. subdivision (c) of Section 667.5 or line 35 subdivision (c) of Section 1192.7.
line 36 (c)
line 37 (2) This section subdivision shall not be construed to preclude line 38 prosecution or punishment pursuant to subdi visions (b) to (i), line 39 inclusive, of Section 667, or Section 1170.12.
line 40 SEC. 10. Section 1170.18 of the Penal Code is repealed. 99 — 10 — AB 1599
line 1 1170.18. (a) A person who, on November 5, 2014, was serving line 2 a sentence for a con viction, whether by trial or plea, of a felon y line 3 or felonies who would have been guilty of a misdemeanor under line 4 the act that added this section (“this act”) had this act been in effect line 5 at the time of the of fense may petition for a recall of sentence line 6 before the trial court that entered the judgment of con viction in line 7 his or her case to request resentencing in accordance with Sections line 8 11350, 11357, or 11377 of the Health and Safety Code, or Section line 9 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those line 10 sections have been amended or added by this act. line 11 (b) Upon receiving a petition under subdi vision (a), the court line 12 shall determine whether the petitioner satisfies the criteria in line 13 subdivision (a). If the petitioner satisfies the criteria in subdivision line 14 (a), the petitioner’ s felon y sentence shall be recalled and the line 15 petitioner resentenced to a misdemeanor pursuant to Sections line 16 11350, 11357, or 11377 of the Health and Safety Code, or Section line 17 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those line 18 sections have been amended or added by this act, unless the court, line 19 in its discretion, determines that resentencing the petitioner would line 20 pose an unreasonable risk of danger to public safety. In exercising line 21 its discretion, the court may consider all of the following:
line 22 (1) The petitioner’s criminal conviction history, including the line 23 type of crimes committed, the extent of injury to victims, the length line 24 of prior prison commitments, and the remoteness of the crimes. line 25 (2) The petitioner’ s disciplinary record and record of line 26 rehabilitation while incarcerated.
line 27 (3) Any other e vidence the court, within its discretion, line 28 determines to be rele vant in deciding whether a ne w sentence line 29 would result in an unreasonable risk of danger to public safety. line 30 (c) As used throughout this code, “unreasonable risk of danger line 31 to public safety” means an unreasonable risk that the petitioner line 32 will commit a ne w violent felon y within the meaning of clause line 33 (iv) of subparagraph (C) of paragraph (2) of subdi vision (e) of line 34 Section 667.
line 35 (d) A person who is resentenced pursuant to subdi vision (b) line 36 shall be given credit for time served and shall be subject to parole line 37 for one year follo wing completion of his or her sentence, unless line 38 the court, in its discretion, as part of its resentencing order, releases line 39 the person from parole. The person is subject to parole supervision line 40 by the Department of Corrections and Rehabilitation pursuant to 99 AB 1599 — 11 —
line 1 Section 3000.08 and the jurisdiction of the court in the county in line 2 which the parolee is released or resides, or in which an alle ged line 3 violation of supervision has occurred, for the purpose of hearing line 4 petitions to revoke parole and impose a term of custody. line 5 (e) Resentencing pursuant to this section shall not result in the line 6 imposition of a term longer than the original sentence. line 7 (f) A person who has completed his or her sentence for a line 8 conviction, whether by trial or plea, of a felon y or felonies who line 9 would have been guilty of a misdemeanor under this act had this line 10 act been in effect at the time of the offense, may file an application line 11 before the trial court that entered the judgment of con viction in line 12 his or her case to ha ve the felon y con viction or con victions line 13 designated as misdemeanors.
line 14 (g) If the application satisfies the criteria in subdivision (f), the line 15 court shall designate the felon y of fense or of fenses as a line 16 misdemeanor.
line 17 (h) Unless the applicant requests a hearing, a hearing is not line 18 necessary to grant or deny an application filed under subdivision line 19 (f).
line 20 (i) This section does not apply to a person who has one or more line 21 prior con victions for an of fense specified in clause (i v) of line 22 subparagraph (C) of paragraph (2) of subdi vision (e) of Section line 23 667 or for an offense requiring registration pursuant to subdivision line 24 (c) of Section 290.
line 25 (j) Except as specified in subdi vision (p), a petition or line 26 application under this section shall be filed on or before November line 27 4, 2022, or at a later date upon showing of good cause. line 28 (k) A felony conviction that is recalled and resentenced under line 29 subdivision (b) or designated as a misdemeanor under subdivision line 30 (g) shall be considered a misdemeanor for all purposes, except that line 31 resentencing shall not permit that person to own, possess, or have line 32 in his or her custody or control a firearm or pre vent his or her line 33 conviction under Chapter 2 (commencing with Section 29800) of line 34 Division 9 of Title 4 of Part 6.
line 35 (l) If the court that originally sentenced the petitioner is not line 36 available, the presiding judge shall designate another judge to rule line 37 on the petition or application.
line 38 (m) This section does not diminish or abrog ate any rights or line 39 remedies otherwise available to the petitioner or applicant. 99 — 12 — AB 1599
line 1 (n) Resentencing pursuant to this section does not diminish or line 2 abrogate the finality of judgments in any case that does not come line 3 within the purview of this section.
line 4 (o) A resentencing hearing ordered under this section shall line 5 constitute a “post-conviction release proceeding” under paragraph line 6 (7) of subdivision (b) of Section 28 of Article I of the California line 7 Constitution (Marsy’s Law).
line 8 (p) (1) A person who is committed to a state hospital after being line 9 found not guilty by reason of insanity pursuant to Section 1026 line 10 may petition the court to ha ve his or her maximum term of line 11 commitment, as established by Section 1026.5, reduced to the line 12 length it would have been had the act that added this section been line 13 in effect at the time of the original determination. Both of the line 14 following conditions are required for the maximum term of line 15 commitment to be reduced.
line 16 (A) The person would have met all of the criteria for a reduction line 17 in sentence pursuant to this section had he or she been found guilty. line 18 (B) The person files the petition for a reduction of the maximum line 19 term of commitment before January 1, 2021, or on a later date line 20 upon a showing of good cause.
line 21 (2) If a petitioner’s maximum term of confinement is ordered line 22 reduced under this subdivision, the new term of confinement must line 23 provide opportunity to meet requirements provided in subdivision line 24 (b) of Section 1026.5. If a petitioner’ s ne w maximum term of line 25 confinement ordered under this section does not provide sufficient line 26 time to meet requirements provided in subdivision (b) of Section line 27 1026.5, the new maximum term of confinement may be extended, line 28 not more than 240 days from the date the petition is granted, in line 29 order to meet requirements provided in subdivision (b) of Section line 30 1026.5.
line 31 SEC. 11. Sections 1 to 10, inclusive, of this act amend the Safe line 32 Neighborhoods and Schools Act, Proposition 47, an initiati ve line 33 statute, and shall become ef fective only when submitted to and line 34 approved by the v oters. The Secretary of State shall submit line 35 Sections 1 to 10, inclusi ve, of this act for appro val by the voters line 36 at a state wide election in accordance with Section 9040 of the line 37 Elections Code.
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