This bill makes several changes to how municipal courts handle criminal cases, aiming to ensure fairness and consistency with state laws. Here’s what it means:
Limits on Jail Sentences for Municipal Violations:
If a municipal violation is similar to a state crime, the maximum jail sentence for the municipal violation cannot be longer than the state-level penalty.
If there’s no comparable state-level offense, the maximum sentence for a municipal violation is capped at the same limit as a state-level petty offense.
Municipal courts can’t impose mandatory minimum sentences or increased penalties based on prior convictions unless:
The municipal violation has a comparable state offense, or
The offense is an infraction that allows such penalties under state law.
Consecutive municipal sentences (when a person is sentenced for multiple violations) are capped at twice the maximum sentence of the most serious charge in the case.
Right to Counsel for Municipal Defendants:
People facing charges in municipal court have the right to an attorney, just like in state court.
Defense attorneys in municipal courts must receive the same level of case information, notice, and access to their clients as state-level defense attorneys do.
Payment for Defense Attorneys:
Currently, municipalities that prosecute domestic violence cases can’t pay attorneys for indigent defendants (defendants who can’t afford a lawyer) using a fixed or flat fee system.
This bill extends that rule to all municipalities, not just those handling domestic violence cases.
Transparency and Speed in Municipal Courts:
All municipal court proceedings must be open to the public.
For cases where the defendant is in custody, the public must also be able to observe proceedings virtually (online).
Municipal courts must resolve cases promptly, ensuring timely justice for defendants and victims alike.
This bill ensures that sentences in municipal courts don’t exceed state-level penalties, strengthens the right to legal counsel, prevents unfair payment structures for defense attorneys, and increases transparency and efficiency in municipal court proceedings.
Summary
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.
