This bill was recently introduced. Email the authors to let them know what you think about it.
Assembly Member Schultz's proposal to modify California's criminal offense classification system would remove existing time restrictions on when courts can designate certain crimes as misdemeanors rather than felonies. Under current law, courts must generally make this determination during preliminary proceedings, but the proposed changes would allow courts to classify eligible offenses as misdemeanors at any point during legal proceedings.
The legislation maintains existing criteria for which crimes qualify for potential misdemeanor classification, including those punishable by either state prison or county jail time. It preserves special provisions regarding secure youth treatment facilities, where qualifying offenses automatically convert to misdemeanors upon release. The bill also retains current requirements for sex offender registration regardless of offense reclassification.
Courts would retain discretion over whether to classify eligible offenses as misdemeanors, while prosecutors would maintain their authority to initially file charges as misdemeanors through criminal complaints. The bill specifies that outstanding restitution orders or fines cannot prevent courts from reducing offense classifications when otherwise appropriate under the amended rules.