BILL NUMBER: AB 2582	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2010

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 19, 2010

   An act to amend Section 1203.4a of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2582, as amended, Adams. Infractions: dismissal of charge.
   Existing law provides that every defendant convicted of specified
misdemeanors and not granted probation shall, under specified
conditions, be permitted by the court to withdraw his or her plea of
guilty or nolo contendere and enter a plea of not guilty and the
court shall dismiss the accusatory pleading against the defendant.
Existing law also authorizes the court to set aside any guilty
verdict after trial against the defendant, under those same
conditions. In either case, existing law releases the defendant,
except as specified, from all penalties and disabilities resulting
from the offense of which he or she has been convicted.
   This bill would provide that defendants convicted of infractions,
except specified motor vehicle related infractions,  and
defendants in any other case in which a court, in its discretion and
in the interests of justice, determines that a defendant should be
granted the above relief,  shall be permitted to seek
dismissal of charges and release from all penalties and disabilities
resulting from  the offense of which he or she has been
convicted   those offenses  , as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.4a of the Penal Code is amended to read:
   1203.4a.  (a) Every defendant convicted of a misdemeanor and not
granted probation, and every defendant convicted of an infraction,
shall, at any time after the lapse of one year from the date of
pronouncement of judgment, if he or she has fully complied with and
performed the sentence of the court, is not then serving a sentence
for any offense and is not under charge of commission of any crime
and has, since the pronouncement of judgment, lived an honest and
upright life and has conformed to and obeyed the  laws of the
land, or in any other case in which a court, in its discretion and
in the interests of justice, determines that a defendant should be
granted the relief available under this section,   laws
of the land,  be permitted by the court to withdraw his or her
plea of guilty or nolo contendere and enter a plea of not guilty; or
if he or she has been convicted after a plea of not guilty, the court
shall set aside the verdict of guilty; and in either case the court
shall thereupon dismiss the accusatory pleading against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he or she has been
convicted, except as provided in Section 12021.1 of this code or
Section 13555 of the Vehicle Code. The defendant shall be informed of
the provisions of this section, either orally or in writing, at the
time he or she is sentenced. The defendant may make an application
and change of plea in person or by attorney, or by the probation
officer authorized in writing; provided, that in any subsequent
prosecution of the defendant for any other offense, the prior
conviction may be pleaded and proved and shall have the same effect
as if relief had not been granted pursuant to this section.
   This subdivision applies to convictions which occurred before as
well as those occurring after, the effective date of this section.
   (b) Subdivision (a) does not apply to any misdemeanor or
infraction falling within the provisions of subdivision (b) of
Section 42001 of the Vehicle Code.
   (c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
   (d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.