BILL ANALYSIS Ó AB 2371 Page 1 ASSEMBLY THIRD READING AB 2371 (Butler) As Amended April 19, 2012 Majority vote PUBLIC SAFETY 4-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Cedillo, | | | | |Mitchell, Skinner | | | | | | | | ----------------------------------------------------------------- SUMMARY : Provides restorative relief to a veteran defendant who acquires a criminal record due to a mental disorder stemming from military service. Specifically, this bill : 1)Declares that it is in the interests of justice to restore a defendant who acquired a criminal record due to a mental health disorder stemming from service in the United States military to the community of law abiding citizens. 2)Provides that the restorative relief provision shall apply to cases in which a trial court or a court monitoring the defendant's performance on probation finds at a public hearing that the defendant meets the following eligibility criteria: a) He or she was granted probation, and at the time that probation was granted had alleged the offense was committed as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder (PTSD), substance abuse, or mental health problems stemming from military service; b) He or she is in substantial compliance with the conditions of that probation; c) He or she has successfully participated in court-ordered treatment and services to address the sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems stemming from military service; d) He or she does not represent a danger to the health and safety of others; and, e) He or she has demonstrated significant benefit from AB 2371 Page 2 court-ordered education, treatment, or rehabilitation to clearly show that granting restorative relief pursuant to this subdivision would be in the interests of justice. 3)Enumerates factors the court may consider in determining whether the grant of restorative relief would be in the interests of justice, including, but not limited to: a) The defendant's completion and degree of participation in education, treatment, and rehabilitation as ordered by the court; b) The defendant's progress in formal education; c) The defendant's development of career potential; d) The defendant's leadership and personal responsibility efforts; and, e) The defendant's contribution of service in support of the community. 4)States that if the court finds a case satisfies the eligibility requirements, then the court may, by form of a written order with a statement of reasons, do any of the following: a) Deem all conditions of probation, including fines, fees, assessments, and programs, except victim restitution, to be satisfied and terminate probation early; b) Exercise discretion pursuant to Penal Code Section 17(b) to reduce an eligible felony to a misdemeanor; and, c) Grant relief in accordance with Penal Code Section 1203.4. 5)Provides that, notwithstanding the language of Penal Code Section 1203.4, a dismissal of the action under this subdivision releases the defendant from all penalties and disabilities resulting from the offense of which the defendant has been convicted in the dismissed action. 6)Prohibits dismissal of the following offenses: AB 2371 Page 3 a) A conviction under Vehicle Code Section 42002.1(c); b) A felony conviction under Penal Code Section 261.5(d); c) A conviction under Penal Code Section 286(c); d) A conviction under Penal Code Section 288; e) A conviction Penal Code Section 288a(c); f) A conviction under Penal Code Section 288.5; and, g) A conviction under Penal Code Section 289(j). 7)Provides that a dismissal under this section does not affect the requirement to register as a sex offender under Penal Code Section 290. 8)States that, when information concerning prior arrests or convictions is requested to be given under oath, affirmation, or otherwise, the defendant will not have to disclose his or her arrest on the dismissed action, the dismissed action, or the conviction that was set aside, except for when the question is contained in a questionnaire or application for any law enforcement position. 9)Gives the court discretion to seal the arrest and court records of the dismissed action, making the records thereafter viewable by the public pursuant to a court order. Also gives the court discretion to destroy those records if the district attorney concurs. 10)Provides that the dismissal of the action under these provisions shall be a bar to any future action based on the conduct charged in the dismissed action. 11)Specifies that dismissed convictions can still be pleaded and proved as a prior conviction in a subsequent prosecution for another offense. 12)Provides that a set-aside conviction can still be considered a conviction for the purpose of administratively revoking or suspending or otherwise limiting the defendant's driving AB 2371 Page 4 privilege on the grounds of multiple convictions. 13)Specifies that the defendant's DNA sample and profile shall not be removed as a result of a dismissal under these provisions. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "Many veterans are suffering from mental illnesses as a result of service in the United States Military. This bill hits at the heart of the issue, getting veterans the treatment that they need. When a veteran commits a crime as a result of mental illness from service, in lieu of prison time the veteran will be given treatment for their specific mental illness. Once treatment and conditions are met, this bill would allow a court to grant restorative relief. These Veterans have sacrificed for our country, we need to support them and give them the rehabilitation they need so they can have a normal life." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003334