BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2124|
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THIRD READING
Bill No: AB 2124
Author: Lowenthal (D)
Amended: 5/23/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/24/14
AYES: Hancock, De León, Liu, Mitchell, Steinberg
NOES: Anderson, Knight
ASSEMBLY FLOOR : 48-25, 5/28/14 - See last page for vote
SUBJECT : Misdemeanor offenses: deferral of sentencing
SOURCE : Author
DIGEST : This bill allows a court to order a defendant to
misdemeanor diversion over the objection of the prosecuting
attorney.
ANALYSIS : Existing law:
1.Provides that the entry of judgment may be deferred with
respect to a defendant charged with specific controlled
substance offenses if they meet specific criteria, including
no prior convictions for any offense involving a controlled
substance and have had no prior felony convictions within five
years.
2.Provides that upon successful completion of a deferred entry
of judgment, the arrest upon which the judgment was deferred
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shall be deemed to never have occurred. The defendant may in
response to any question in regard to his or her prior
criminal record that he/she was not arrested or granted
deferred entry of judgment, except as specified.
3.Provides that the district attorney of each county shall
review annually any diversion program adopted by the county,
and no program shall continue without the approval of the
district attorney. No person shall be diverted under a program
unless it has been approved by the district attorney. Nothing
in this subdivision shall authorize the prosecutor to
determine whether a particular defendant shall be diverted.
4.States, notwithstanding any other provision of law, this
chapter shall become operative in a county only if the board
of supervisors adopts the provisions of this chapter by
ordinance.
5.Provides that the district attorney of each county shall
review annually any diversion program established pursuant to
this chapter, and no program shall continue without the
approval of the district attorney. No person shall be diverted
under a program unless it has been approved by the district
attorney. Nothing in this subdivision shall authorize the
prosecutor to determine whether a particular defendant shall
be diverted.
6.States that it is the intent of the Legislature that these
provisions of law shall not be construed to preempt other
current or future pretrial or pre-complaint diversion
programs. It is also the intent of the Legislature that
current or future post trial diversion programs not be
preempted, except as provided.
This bill:
1.Provides that a judge in the superior court of a county that
has established a misdemeanor diversion program may at his/her
discretion and over the objection of a prosecuting attorney,
offer misdemeanor diversion to a defendant according to the
misdemeanor diversion program.
2.Provides that a judge in the superior court in the county that
has not established a misdemeanor diversion program, may at
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his/her discretion, defer sentencing a defendant who has
submitted a plea of guilty or nolo contender for a period not
to exceed 12 months and the judge may order the defendant to
comply with terms, conditions, or programs the judge deems
appropriate based on the defendant's specific situation.
3.Provides that a defendant may make a motion for imposition of
diversion in counties with or without an established
misdemeanor diversion program.
4.Provides that if the defendant during the period of deferral
in a county without a misdemeanor diversion program, 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.
5.Provides that upon 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
and the defendant may indicate in response to any question
concerning his/her prior record that he/she was not arrested
or granted deferred entry of judgment for that at offense
except in specified circumstances.
6.Provides that if during the period of deferral, in a county
without a misdemeanor diversion program, the defendant
reoffends or fails to comply with the terms, conditions or
programs required by the court, then the court, the probation
officer or the prosecuting attorney shall make a motion for
entry of judgment, and the court shall sentence the defendant
as if the deferral had not occurred.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/27/14)
American Probation and Parole Association
California Attorneys for Criminal Justice
California Judges Association
Californians for Safety and Justice
Conference of California Bar Associations
Judicial Council of California
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Los Angeles County Superior Court
Pacific Educational Services, Inc.
Taxpayers for Improving Public Safety
OPPOSITION : (Verified 6/27/14)
Alameda County District Attorney's Office
Anaheim City Attorney's Office
California District Attorneys Association
California Partnership to End Domestic Violence
Citizens for Law and Order
Crime Victims Action Alliance
Los Angeles District Attorney's Office
San Diego County District Attorney's Office
ARGUMENTS IN SUPPORT : American Probation and Parole
Association support this bill noting:
A Criminal record could prevent a defendant from gaining
employment or professional licensing and thereby increasing
the risk of additional criminal activity. Diversion
programs are also useful as part of treatment plans for
substance abuse or mental illness. By addressing the
issues that led to the charge, clients can reduce their
chance of involvement in future offenses. In addition,
community service has the effect of building self-esteem
and a sense of serving the community which further
decreases the risk of recidivating.
Diversion programs reduce the trial docket caseload for
courts, allowing resources to be allocated to more serious
cases. Diversion programs also benefit the court system by
allowing first-tie offenders to gain a positive perception
of the judicial process through the system giving them the
opportunity to avoid prosecution and change their behavior.
A negative situation becomes a life-changing opportunity.
ARGUMENTS IN OPPOSITION : The Los Angeles District Attorney's
Office opposes this bill stating:
Granting courts the unilateral power to divert defendants
who do not qualify for a diversion under the prosecution's
criteria would be a significant change in the law. It
would greatly expand the court's dismissal powers which
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have traditionally been carefully circumscribed.
Under current law, diversion programs are authorized not
mandated. Our office currently operates several different
types of diversion programs such as the Women's Reentry
Court, veteran's court, multiple drug diversion programs
and the Abolish Chronic Truancy program. Our office is
already in the process of developing new misdemeanor
diversion programs. We believe that it is in the best
interests of the residents of Los Angeles County that these
programs be allowed to develop locally under the auspices
of the District Attorney before involving the Superior
Court in the equation.
ASSEMBLY FLOOR : 48-25, 5/28/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Hall,
Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal,
Medina, Mullin, Nazarian, Pan, John A. Pérez, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Skinner, Stone, Ting, Weber,
Wieckowski, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle, Beth
Gaines, Grove, Hagman, Harkey, Jones, Linder, Logue,
Maienschein, Mansoor, Melendez, Muratsuchi, Nestande, Olsen,
Patterson, Quirk-Silva, Salas, Wagner, Waldron, Wilk
NO VOTE RECORDED: Cooley, Donnelly, Gray, Perea, V. Manuel
Pérez, Williams, Vacancy
JG:nl 6/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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