BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2582| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2582 Author: Adams (R) Amended: 5/5/10 in Assembly Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/22/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright ASSEMBLY FLOOR : 70-2, 5/17/10 - See last page for vote SUBJECT : Infractions: dismissal of charge SOURCE : Conference of California Bar Associations DIGEST : This bill authorizes the court to expunge a former conviction for a non-vehicular infraction. ANALYSIS : Existing law provides that in any case where the defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted expungement relief, the defendant shall at any time after the termination of the period of probation be allowed to withdraw his or her plea of 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 dismiss the accusation against the defendant, CONTINUED AB 2582 Page 2 and, except as noted, the defendant shall be released from all penalties and disabilities. (Penal Code 1203.4(a).) Existing law prohibits the expungement of the record of conviction for persons convicted of child molestation, continuous sexual abuse of a child, sodomy with a child under the age of 14, oral copulation with a child under the age of 14, and sexual penetration of a child under the age of 14. (Penal Code 1203.4(b).) Existing law states that dismissal of an accusation or information pursuant to Penal Code Section 1203.4 does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent him or her from being convicted of the offense of being an ex-felon in possession of a firearm. (Penal Code 1203.4(a).) Existing law states that an order of dismissal does not relieve him or her of the obligation to disclose the conviction in response to any questions contained in any questionnaire or application for public office, or for licensure for any state or local agency. (Penal Code 1203.4(a).) Existing law provides that, despite the accusatory pleading having been dismissed, in any other 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 probation had not been granted or the accusation or information dismissed. (Penal Code 1203.4(a).) Existing law states that every defendant convicted of a misdemeanor and not granted probation 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 AB 2582 Page 3 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. (Penal Code 1203.4a(a).) This bill provides 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/23/10) Conference of California Bar Associations (source) East Bay Community Law Center Santa Clara County Bar Association ARGUMENTS IN SUPPORT : The East Bay Community Law Center states: California faces significant reentry challenges, with one in five adults showing a criminal record on a background check. Studies have shown that the economic support provided by employment reduces the rate of recidivism. The dismissal remedy in California (also known as "expungement") applies to specific crimes and requires individuals to prove their rehabilitation to a judge. Evidence of rehabilitation in the form of an expungement has the power to remove barriers in employment, licensing, and housing. Currently, non-traffic infractions cannot be dismissed under California's expungement statutes, codified at 1203.4 and 1203.4a of the California Penal Code. AB 2582 Page 4 Most non-traffic infractions are for petty offenses such as shoplifting, which are pled down from a misdemeanor. The statutory scheme should also provide a remedy for the least serious convictions to encourage employment opportunities and increase public safety. We support AB 2582 because it will increase access to California's expungement remedies, and thus offer more people access to employment options they deserve, which will reduce the rate of recidivism and promote public safety. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen, Norby, V. Manuel Perez, Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, John A. Perez NOES: Blakeslee, Portantino NO VOTE RECORDED: Bass, Caballero, Furutani, Huber, Nava, Silva, Yamada RJG:nl 6/23/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****