HB 2379 Summary

• Allows courts to designate Class 4, 5, or 6 felonies as Class 1 misdemeanors if the court determines felony sentencing would be unduly harsh based on crime nature, circumstances, and defendant history.

• Permits courts to place defendants on probation while withholding final felony or misdemeanor designation until probation termination, after which either the prosecution or defendant may petition for final designation.

• Prohibits courts from basing offense designation on a person's failure to pay court-ordered fines, surcharges, fees, assessments, or incarceration costs.

• Increases the prior felony conviction threshold from two previous felonies to three or more previous felonies to qualify for the felony-to-misdemeanor designation option.

• Maintains existing prosecutorial authority to designate offenses as misdemeanors when crimes are punishable as either Class 4, 5, or 6 felonies or Class 1 misdemeanors.