BILL NUMBER: AB 2582	CHAPTERED
	BILL TEXT

	CHAPTER  99
	FILED WITH SECRETARY OF STATE  JULY 15, 2010
	APPROVED BY GOVERNOR  JULY 15, 2010
	PASSED THE SENATE  JULY 1, 2010
	PASSED THE ASSEMBLY  MAY 17, 2010
	AMENDED IN ASSEMBLY  MAY 5, 2010
	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, 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 change an obsolete cross reference that determines
which misdemeanors are exempt from dismissal and relief pursuant to
these provisions. It would provide that defendants convicted of
infractions, except specified motor vehicle related infractions,
shall be permitted to seek dismissal of charges and release from all
penalties and disabilities resulting from those offenses, as
specified. The bill would also provide that a petition for dismissal
of an infraction shall generally be by written declaration, and that
the dismissal of an infraction shall not be granted unless the
prosecuting attorney receives prior notice of the petition for
dismissal, as specified.


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, 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 falling
within the provisions of Section 42002.1 of the Vehicle Code, or to
any infraction falling within the provisions 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) A petition for dismissal of an infraction pursuant to this
section shall be by written declaration, except upon a showing of
compelling need. Dismissal of an infraction shall not be granted
under this section unless the prosecuting attorney has been given at
least 15 days' notice of the petition for dismissal. It shall be
presumed that the prosecuting attorney has received notice if proof
of service is filed with the court.
   (e) 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.