BILL ANALYSIS Ó
AB 1384
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CONCURRENCE IN SENATE AMENDMENTS
AB 1384 (Bradford)
As Amended June 29, 2011
Majority vote
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|ASSEMBLY: |47-25|(May 12, 2011) |SENATE: |21-18|(August 18, |
| | | | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Amends existing provisions of law relating to
expungement standards to allow an expungement in the "interest
of justice."
The Senate amendments :
1)Specify that an expungement will not permit a person to own or
possess a firearm, or to hold public office if the person is
prohibited from holding public office as a result of the
conviction.
2)Rephrase and clarify language passed by the Assembly.
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
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
AB 1384
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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.
AS PASSED BY THE ASSEMBLY , this bill amended existing provisions
of law relating to expungement standards. Specifically, this
bill:
1)Allowed the court to grant expungement relief in the
"interests of justice," as specified.
2)Made 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)Made expungement unavailable for misdemeanor convictions of
lewd acts upon a dependent person by a caretaker.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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"
AB 1384
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0001634