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: 8/22/14 in Senate
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:
pilot program
SOURCE : Author
DIGEST : This bill, until January 1, 2018, establishes a pilot
program in the County of Los Angeles to authorize a judge in the
superior court at the judge's discretion and over the objection
of the prosecution, to defer sentencing a defendant who has
submitted a plea of guilty or nolo contendere to a misdemeanor
for a period not to exceed 12 months.
Senate Floor Amendments of 8/22/14 narrow the bill to a three
year pilot program in Los Angeles County.
ANALYSIS : Existing law:
1.Provides that the entry of judgment may be deferred with
respect to a defendant charged with specific controlled
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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
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.Establishes a pilot program in the County of Los Angeles to
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authorize a judge in the superior court at the judge's
discretion and over the objection of the prosecution, to defer
sentencing a defendant who has submitted a plea of guilty or
nolo contendere to a misdemeanor for a period not to exceed 12
months.
2.Specifies certain criteria that will disqualify a defendant,
including having been previously deferred or the charge
including specified crimes.
3.Authorizes the judge to order the defendant to comply with
terms, conditions, and programs, as specified, and requires a
defendant whose sentence is deferred to complete all
conditions ordered by the court, make full restitution, and
comply with specified court orders in order to have his/her
plea stricken.
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.Sunsets the provisions of the pilot program January 1, 2018.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 8/26/14)
American Probation and Parole Association
California Attorneys for Criminal Justice
California Judges Association
Californians for Safety and Justice
Judicial Council of California
Los Angeles County Superior Court
Mexican American Bar Association PAC
Taxpayers for Improving Public Safety
OPPOSITION : (Verified 8/26/14)
Alameda County District Attorney's Office
Anaheim City Attorney's Office
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California District Attorneys Association
California Police Chiefs Association
Citizens for Law and Order
Contra Costa County District Attorney
Crime Victims Action Alliance
Crime Victims United
Los Angeles District Attorney
Pacific Educational Services, Inc.
San Diego County District Attorney
Stanislaus County District Attorney
Ventura County District Attorney
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
have traditionally been carefully circumscribed.
Under current law, diversion programs are authorized not
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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 8/26/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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