BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2582|
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                                 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,  
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          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  







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          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.   







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               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

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