Cal. Penal Code § 18.5

THE ACT

Known as the The Penal Code

The act spans §§ 1–24 (34 sections).

Applied in 6 court decisions — leading case Eduardo Velasquez-Rios v. William Barr (2020)

Most recently applied in 29 I. & N. Dec. 7 - DE JESUS PLATON (January 2025)

Amended by Stats. 2016, Ch. 789, Sec. 1

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days. This section shall apply retroactively, whether or not the case was final as of January 1, 2015.

(b) A person who was sentenced to a term of one year in county jail prior to January 1, 2015, may submit an application before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term specified in subdivision (a).

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.