Governor Signs SB1310– 364 Days Maximum Sentence on Misdemeanors

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Governor Brown has signed Senate Bill 1310, which adds the following to the Penal Code:

 18.5.  Every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days.

This change was made because federal immigration law classifies offenses punishable by “one year or more” in custody as “aggravated felonies” making the offender eligible for deportation.  This change to the law was designed to eliminate the one-day loophole.

It is not yet clear what the retroactive effect of this statute will be.  The section will become effective January 1, 2015.

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