BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2371
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          ASSEMBLY THIRD READING
          AB 2371 (Butler)
          As Amended  April 19, 2012
          Majority vote 

           PUBLIC SAFETY       4-0                                         
           
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          |Ayes:|Ammiano, Cedillo,         |     |                          |
          |     |Mitchell, Skinner         |     |                          |
          |     |                          |     |                          |
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           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 








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               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:








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             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 








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            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 


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