BILL NUMBER: AB 2124 AMENDED
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 20, 2014
An act to
amend Section 1001.50 of add
Chapter 2.96 (commencing with Section 1001.95) to Title 6 of Part 2
of the Penal Code, relating to pretrial diversion
programs criminal sentencing .
LEGISLATIVE COUNSEL'S DIGEST
AB 2124, as amended, Lowenthal. Misdemeanor offenses:
pretrial diversion program. deferral of sentencing.
Existing law authorizes a county to establish a pretrial diversion
programs program for defendants who
have been charged with a misdemeanor offense and authorizes
other diversion programs, including for defendants with cognitive
developmental disabilities, defendants in nonviolent drug cases, and
traffic violations .
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.
This bill would make technical, nonsubstantive changes to this
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.96 (commencing with Section
1001.95) is added to Title 6 of Part 2 of the Penal Code
, to read:
CHAPTER 2.96. DEFERRAL OF SENTENCING
1001.95. A judge in the superior court in the county in which a
misdemeanor is being prosecuted may, at his or her discretion, defer
sentencing a defendant who has submitted a plea of guilty or nolo
contendere. Sentencing may be deferred for a period not to exceed 24
months and the judge may order the defendant to comply with terms,
conditions, or programs that the judge deems appropriate based on the
defendant's specific situation.
1001.96. (a) If the defendant, during the period of deferral,
complies with all terms, conditions, and programs required by the
court, then, the judge shall, at the end of the period, strike the
defendant's plea and dismiss the action against the defendant.
(b) Upon successful completion of the terms, conditions, or
programs ordered by the court, the arrest upon which sentencing was
deferred shall be deemed to have never occurred. The defendant may
indicate in response to any question concerning his or her prior
criminal record that he or she was not arrested or granted deferred
entry of judgment for the offense, except as specified in subdivision
(c). A record pertaining to an arrest resulting in successful
completion of the terms, conditions, or programs ordered by the court
shall not, without the defendant's consent, be used in any way that
could result in the denial of any employment, benefit, license, or
(c) The defendant shall be advised that, regardless of his or her
successful completion of the terms, conditions, or programs ordered
by the court pursuant to this chapter, the arrest upon which the
judgment was deferred may be disclosed by the Department of Justice
in response to any peace officer application request and that,
notwithstanding Section 1001.95, this section does not relieve him or
her of the obligation to disclose the arrest in response to a direct
question contained in a questionnaire or application for a position
as a peace officer, as defined in Section 830.
1001.97. If, during the period of deferral, the defendant
reoffends or fails to comply with the terms, conditions, or programs
required by the court, then the court shall make a motion for entry
of judgment and shall sentence the defendant as if deferral had not
SECTION 1. Section 1001.50 of the Penal Code is
amended to read:
1001.50. (a) Notwithstanding any other law, this chapter shall
become operative in a county only if the board of supervisors adopts
the provisions of this chapter by ordinance.
(b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and the
program shall not continue without the approval of the district
attorney. A person shall not be diverted under a program unless it
has been approved by the district attorney. This subdivision does not
authorize the prosecutor to determine whether a particular defendant
shall be diverted.
(c) As used in this chapter, "pretrial diversion" means the
procedure of postponing prosecution either temporarily or permanently
at any point in the judicial process from the point at which the
accused is charged until adjudication.