On June 1, 2018, Governor Jerry Brown approved Assembly Bill No. 1941 which make significant amendments to Penal Code section 17(b). This new legislation became effective on January 1, 2019.
Penal Code section 17(b) provides a post-judgment method for defendants to petition for a reduction of qualifying felony offense convictions to misdemeanors.
Prior to the passage of AB No. 1941, the court was unable to reduce a felony offense to a misdemeanor if the court granted probation but imposed a sentence (known as execution of sentence suspended (“ESS”)).
With the newly amended changes to Penal Code section 17(b)(3), the court is able to grant reductions from felonies to misdemeanors in cases where the court granted probation but imposed the sentence – ESS.
AB-1941 will now provide a means for defendants sentenced to ESS sentences to improve their record and reduce felony convictions to misdemeanors!
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