AB 321

Existing law provides that a crime punishable with death, by imprisonment in the state prison, or by imprisonment in a county jail for more than one year is a felony and all other offenses, except those that are classified as infractions, are misdemeanors. Existing law further provides that a crime that is punishable, in the discretion of the court, as a felony or as a misdemeanor is a misdemeanor under certain circumstances, including when, at or before the preliminary examination or prior to a certain order being filed, the magistrate determines that the offense is a misdemeanor. This bill would instead make a crime a misdemeanor under that condition any time the court, prior to trial, determines that the offense is a misdemeanor. The bill would also require, following a denial of a motion under this provision, a subsequent motion to be made only upon a showing of changed circumstances.