Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2124


Introduced by Assembly Member Lowenthal

February 20, 2014


An act tobegin delete amend Section 1001.50 ofend deletebegin insert add Chapter 2.96 (commencing with Section 1001.95) to Title 6 of Part 2 ofend insert the Penal Code, relating tobegin delete pretrial diversion programsend deletebegin insert criminal sentencingend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2124, as amended, Lowenthal. Misdemeanor offenses:begin delete pretrial diversion program.end deletebegin insert deferral of sentencing.end insert

Existing law authorizes a county to establish a pretrial diversionbegin delete programsend deletebegin insert programend insert for defendants who have been charged with a misdemeanor offensebegin insert and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violationsend insert.

begin insert

This bill would authorize a judge in the superior court in the county in which a misdemeanor is being prosecuted, at his or her discretion, to defer sentencing a defendant who has submitted a plea of guilty or nolo contendere for a period not to exceed 24 months and to order the defendant to comply with terms, conditions, and programs, as specified. The bill would require the judge, at the end of the deferral period and if the defendant complies with all terms, conditions, and programs required by the court, to strike the defendant’s plea and dismiss the action against the defendant. The bill would require the court to make a motion for entry of judgment and to sentence the defendant if the defendant reoffends or fails to comply with the terms, conditions, or programs ordered by the court.

end insert
begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 2.96 (commencing with Section 1001.95)
2is added to Title 6 of Part 2 of the end insert
begin insertPenal Codeend insertbegin insert, to read:end insert

begin insert

3 

4Chapter  begin insert2.96.end insert Deferral of Sentencing
5

 

6

begin insert1001.95.end insert  

A judge in the superior court in the county in which
7a misdemeanor is being prosecuted may, at his or her discretion,
8defer sentencing a defendant who has submitted a plea of guilty
9or nolo contendere. Sentencing may be deferred for a period not
10to exceed 24 months and the judge may order the defendant to
11comply with terms, conditions, or programs that the judge deems
12appropriate based on the defendant’s specific situation.

13

begin insert1001.96.end insert  

(a) If the defendant, during the period of deferral,
14complies with all terms, conditions, and programs required by the
15court, then, the judge shall, at the end of the period, strike the
16defendant’s plea and dismiss the action against the defendant.

17(b) Upon successful completion of the terms, conditions, or
18programs ordered by the court, the arrest upon which sentencing
19was deferred shall be deemed to have never occurred. The
20defendant may indicate in response to any question concerning
21his or her prior criminal record that he or she was not arrested
22or granted deferred entry of judgment for the offense, except as
23specified in subdivision (c). A record pertaining to an arrest
24resulting in successful completion of the terms, conditions, or
25programs ordered by the court shall not, without the defendant’s
26consent, be used in any way that could result in the denial of any
27employment, benefit, license, or certificate.

28(c) The defendant shall be advised that, regardless of his or her
29successful completion of the terms, conditions, or programs
30ordered by the court pursuant to this chapter, the arrest upon
31which the judgment was deferred may be disclosed by the
32Department of Justice in response to any peace officer application
33request and that, notwithstanding Section 1001.95, this section
P3    1does not relieve him or her of the obligation to disclose the arrest
2in response to a direct question contained in a questionnaire or
3application for a position as a peace officer, as defined in Section
4830.

5

begin insert1001.97.end insert  

If, during the period of deferral, the defendant
6reoffends or fails to comply with the terms, conditions, or programs
7required by the court, then the court shall make a motion for entry
8of judgment and shall sentence the defendant as if deferral had
9not occurred.

end insert
begin delete
10

SECTION 1.  

Section 1001.50 of the Penal Code is amended
11to read:

12

1001.50.  

(a) Notwithstanding any other law, this chapter shall
13become operative in a county only if the board of supervisors
14adopts the provisions of this chapter by ordinance.

15(b) The district attorney of each county shall review annually
16any diversion program established pursuant to this chapter, and
17the program shall not continue without the approval of the district
18attorney. A person shall not be diverted under a program unless it
19has been approved by the district attorney. This subdivision does
20not authorize the prosecutor to determine whether a particular
21defendant shall be diverted.

22(c) As used in this chapter, “pretrial diversion” means the
23procedure of postponing prosecution either temporarily or
24permanently at any point in the judicial process from the point at
25which the accused is charged until adjudication.

end delete


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