Misdemeanors.

Assembly Member Schultz's proposal to modify California's criminal offense classification system would allow courts to designate certain crimes as misdemeanors at any point before trial, expanding current provisions that limit such determinations to preliminary hearings or specific procedural stages.

The legislation revises Section 17 of the Penal Code by permitting courts to classify eligible offenses as misdemeanors either through their own motion or at a party's request prior to trial. After an initial denial of such a motion, subsequent requests would require demonstrating changed circumstances. The measure maintains existing pathways for misdemeanor classification, including scenarios where prosecutors file misdemeanor complaints or courts grant probation and declare the offense a misdemeanor.

Additional provisions address youth offenders and restitution considerations. The bill specifies that when defendants are released from secure youth treatment facilities, qualifying offenses automatically convert to misdemeanors. It also clarifies that outstanding restitution orders or fines cannot serve as grounds to deny offense reclassification requests when courts exercise their discretion under these provisions.