States / California / AB 321

AB 321 Enacted

Misdemeanors.

Introduced
In Committee
Floor
Crossed Over
Passed
Enacted

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.

Chamber
House
Introduced
Jan 24, 2025
Last action
Oct 11, 2025 — Chaptered by Secretary of State - Chapter 611, Statutes of 2025.
Session
20252026
Momentum
86 · Very high