The bill caps the maximum incarceration sentence for a municipal
violation that has a comparable state law crime at the same length as the state-level offense. When there is no comparable state-level offense, the maximum period of incarceration is capped at the maximum for a state-level petty offense. Mandatory minimums and increased penalties based on prior convictions are prohibited unless the person is convicted of a municipal offense for which there is a comparable state offense or of an infraction that allows imposition of the same mandatory minimum or increased penalties based on prior convictions. The bill also caps a consecutive municipal sentence at 2 times the highest charge in the case.
The bill clarifies that municipal court defendants have a right to
counsel and that municipal defense counsel have the same notice, case information, and opportunity to meet with their clients as do state-level defense counsel. Current law prohibits paying indigent municipal defense counsel on a fixed or flat-fee payment structure if the municipality prosecutes domestic violence cases. The bill applies the prohibition to all municipalities.
All municipal court proceedings are required to be open to public
observation. Virtual observation is required for all in-custody proceedings, and prompt resolution of municipal cases is required.
