AB 2124, as amended, Lowenthal. Misdemeanor offenses: deferral of sentencing.
Existing law authorizes a county to establish a pretrial diversion 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 courtbegin delete 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 andend deletebegin insert of a county that has a specified diversion program to offer that misdemeanor diversion to a defendant over the objection of a prosecuting attorney. The bill also would authorize a judge in the superior court in a county in which a misdemeanor is being prosecuted, if the county does not have a diversion program, and at the judge’s discretion, to defer sentencing a defendant who has submitted a plea of guilty or nolo contendere for a period not to exceed 12 months. The bill would authorize the judgeend insert 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 courtbegin insert, a probation officer, or the prosecuting attorneyend insert to make a motion for entry of judgmentbegin insert,end insert andbegin insert would require the courtend insert to sentence the defendantbegin insert,end insert if the defendant reoffends or fails to comply with the terms, conditions, or programs ordered by the court.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.96 (commencing with Section 1001.95)
2is added to Title 6 of Part 2 of the Penal Code, to read:
3
begin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertA judge in the superior courtbegin delete inend deletebegin insert of a county
7that has established a misdemeanor diversion program pursuant
8to Chapter 2.7 (commencing with Section 1001) or Chapter 2.9
9(commencing with Section 1001.50) may, at his or her discretion
10and over the objection of a prosecuting attorney, offer
11misdemeanor diversion to a defendant pursuant to those provisions.end insert
12(2) A defendant may make a motion for imposition of diversion
13pursuant to this subdivision.
14begin insert(b)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertA judge in the superior court inend insert the county in which a
15misdemeanor is being prosecutedbegin insert that has not established a
16misdemeanor diversion program pursuant to Chapter 2.7
17(commencing with Section 1001) or Chapter 2.9 (commencing
18with Section 1001.50)end insert may, at his or her discretion, defer
sentencing
19a defendant who has submitted a plea of guilty or nolo contendere
20begin insert pursuant to this chapterend insert. Sentencing may be deferred for a period
21not to exceedbegin delete 24end deletebegin insert
12end insert
monthsbegin insert,end insert and the judge may order the defendant
22to comply with terms, conditions, or programs that the judge deems
23appropriate based on the defendant’s specific situation.
24(2) A defendant may make a motion for deferral of sentencing
25pursuant to this subdivision.
(a) If the defendant, during the period of deferral
2begin insert imposed pursuant to subdivision (b) of Section 1001.95end insert, complies
3with all terms, conditions, and programs required by the court,
4then, the judge shall, at the end of the period, strike the defendant’s
5plea and dismiss the action against the defendant.
6(b) Upon successful completion of the terms, conditions, or
7programs ordered by the court, the arrest upon which sentencing
8was deferred shall be deemed to have never occurred. The
9defendant may indicate in response to any question concerning his
10or her prior criminal record that
he or she was not arrested or
11granted deferred entry of judgment for the offense, except as
12specified in subdivision (c). A record pertaining to an arrest
13resulting in successful completion of the terms, conditions, or
14programs ordered by the court shall not, without the defendant’s
15consent, be used in any way that could result in the denial of any
16employment, benefit, license, or certificate.
17(c) The defendant shall be advised that, regardless of his or her
18successful completion of the terms, conditions, or programs ordered
19by the court pursuant to this chapter, the arrest upon which the
20judgment was deferred may be disclosed by the Department of
21Justice in response tobegin delete anyend deletebegin insert aend insert
peace officer application request and
22that, notwithstanding Section 1001.95, this section does not relieve
23him or her of the obligation to disclose the arrest in response to a
24direct question contained in a questionnaire or application for a
25position as a peace officer, as defined in Section 830.
If, during the period of deferralbegin insert imposed pursuant to
27subdivision (b) of Section 1001.95end insert, the defendant reoffends or fails
28to comply with the terms, conditions, or programs required by the
29court, then the courtbegin insert, the probation officer, or the prosecuting
30attorneyend insert shall make a motion for entry of judgmentbegin insert,end insert andbegin insert the courtend insert
31 shall sentence the defendant as if deferral had not
occurred.
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