BILL ANALYSIS Ó
AB 1384
Page 1
ASSEMBLY THIRD READING
AB 1384 (Bradford)
As Amended March 21, 2011
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
-----------------------------------------------------------------
SUMMARY : Amends existing provisions of law relating to
expungement standards. Specifically, this bill :
1)Allows the court to grant expungement relief in the "interests
of justice," as specified.
2)Makes expungement unavailable for misdemeanor convictions of
lewd acts upon a child 15 years of age or younger when the
perpetrator is 10 years older than the child.
3)Makes expungement unavailable for misdemeanor convictions of
lewd acts upon a dependent person by a caretaker.
EXISTING LAW :
1)Provides a procedure for misdemeanants not granted probation and
persons convicted of an infraction to obtain a dismissal
(expungement) of the case. This includes those misdemeanants
given "conditional sentences," including informal probation and
court probation.
2)Provides that specified misdemeanors and infractions arising
under the Vehicle Code are ineligible for expungement relief.
3)Provides a procedure for many felons and misdemeanants granted
AB 1384
Page 2
formal probation, with the exception of those convicted of
certain crimes, to obtain expungement of the case. This
includes those who successfully complete formal probation, as
well as any other case in which a court, in its discretion and
in the interests of justice, determines the relief is warranted.
4)Punishes the commission of a lewd act upon a child of 14 or 15
years by a person who is at least 10 years older than the child
with a prison sentence of one, two, or three years, or with
imprisonment in the county jail for up to one year.
5)Punishes the commission of a lewd act upon a dependent by a
caretaker with a prison sentence of one, two, or three years, or
with imprisonment in the county jail for up to one year.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable trial court costs by extending
judicial discretion for expungement to misdemeanants who have not
been given a probation term.
COMMENTS : According to the author, "Over seven million
Californians face potential barriers to employment due to a prior
criminal conviction. In this tough economic downturn,
organizations that serve clients with criminal records have
experienced an increase in the number of people seeking to clean
up their criminal records; as most job seekers find past
convictions are a significant barrier to finding employment.
"In today's climate, job seekers, who were suddenly laid off after
years of working, find they are unable to find a new job because
of a conviction that occurred many years ago. Some of those job
seekers are unable to get low level misdemeanor convictions
expunged from their records due to this inconsistency in the
California expungement process.
"This bill can increase employment opportunities for people with
past convictions and decrease the state's recidivism rate, which
is the highest in the nation (70%). Reducing recidivism will
enhance public safety and decrease the amount of money that the
state spends on incarceration"
Please see the policy committee for a full discussion of this
bill.
AB 1384
Page 3
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0000525