Crimes: nonviolent felonies.

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 the court grants a defendant probation without imposing a sentence and, at the time of granting probation or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. This bill would require the court, when a defendant has not been convicted of any new offenses within a period of 5 years following release from custody, is not currently subject to probation or mandatory supervision, and upon application by the defendant, to declare the felony that is the subject of the application to be a misdemeanor. These provisions would not apply if the felony is a violent felony, a serious felony, or an offense that requires a person to register as a sex offender.