Amended in Senate April 25, 2013

Senate BillNo. 384


Introduced bybegin delete Senatorend deletebegin insert Senatorsend insert Gainesbegin insert and DeSaulnierend insert

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(Coauthor: Assembly Member Bonilla)

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February 20, 2013


An act to amend Sectionbegin delete 1203.4end deletebegin insert 70010.5end insert of thebegin delete Penalend deletebegin insert Educationend insert Code, relating tobegin delete convictions.end deletebegin insert scholarships, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 384, as amended, Gaines. begin deleteConvictions: expungement. end deletebegin insertCalifornia Memorial Scholarship Program.end insert

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Existing law establishes the California Memorial Scholarship Program, administered by the Scholarshare Investment Board and funded by the California Memorial Scholarship Fund. Existing law states that the purpose of the program is to provide scholarships for surviving dependents of California residents killed as a result of injuries sustained during the terrorist attacks of September 11, 2001. Existing law further provides that these scholarships shall be used to defray the costs incurred by participants in the program at institutions of higher education.

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Existing law requires the California Victim Compensation and Government Claims Board to identify all persons who are eligible for scholarships under the program and to notify them of their eligibility no later than July 1, 2003. Existing law requires eligible persons to inform the board in a timely manner of their decision on whether to participate in the program and requires eligible persons who are to become participants in the program to execute agreements no later than July 1, 2005.

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This bill would instead require the board to identify all persons who are eligible for scholarships under the program and to notify them of their eligibility no later than July 1, 2014. The bill would also require that eligible persons who are to become participants in the program execute participation agreements no later than July 1, 2015.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law allows for the release from all penalties and disabilities resulting from an offense for which the person was convicted if specified criteria are met, including that all the conditions of probation have been fulfilled. Existing law excludes certain sex offenses from these provisions.

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This bill would additionally exclude specified offenses relating to obscene matter involving minors from these provisions.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

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begin insertSECTIONend insertbegin insert 1.end insert  

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begin insertSection 70010.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

70010.5.  

(a) The California Victim Compensation and
4Government Claims Board shall identify all persons who are
5eligible for scholarships under the program. The California Victim
6Compensation and Government Claims Board shall notify these
7persons or, in the case of minors, the parents or guardians of these
8persons, of their eligibility for scholarships under the program.
9This notification shall be in writing, and shall be received by all
10of the appropriate persons no later than July 1,begin delete 2003.end deletebegin insert 2014.end insert

11(b) Eligible persons, or in the case of minors, the parents or
12guardians of these persons, shall inform the board of their decision
13on whether to participate in the program in a timely manner.
14Eligible persons, or in the case of minors, the parents or guardians
15of these persons, who are to become participants in the program
16shall execute agreements pursuant to Section 70011 no later than
17July 1,begin delete 2005.end deletebegin insert 2015.end insert

18begin insert

begin insertSEC. end insertbegin insert2.end insert  

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begin insert

This act is an urgency statute necessary for the
19immediate preservation of the public peace, health, or safety within
20the meaning of Article IV of the Constitution and shall go into
21immediate effect. The facts constituting the necessity are:

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P3    1Because many eligible persons are not currently receiving
2scholarships under the program, and because of the higher
3education expenses, prospective or ongoing, of the dependents of
4California residents who were killed as a result of injuries
5sustained during the terrorist attacks of September 11, 2001, it is
6necessary that this act take effect immediately.

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7

SECTION 1.  

Section 1203.4 of the Penal Code is amended to
8read:

9

1203.4.  

(a) (1) In any case in which a defendant has fulfilled
10the conditions of probation for the entire period of probation, or
11has been discharged prior to the termination of the period of
12probation, or in any other case in which a court, in its discretion
13and the interests of justice, determines that a defendant should be
14granted the relief available under this section, the defendant shall,
15at any time after the termination of the period of probation, if he
16or she is not then serving a sentence for any offense, on probation
17for any offense, or charged with the commission of any offense,
18be permitted by the court to withdraw his or her plea of guilty or
19plea of nolo contendere and enter a plea of not guilty; or, if he or
20she has been convicted after a plea of not guilty, the court shall
21set aside the verdict of guilty; and, in either case, the court shall
22thereupon dismiss the accusations or information against the
23defendant and except as noted below, he or she shall thereafter be
24released from all penalties and disabilities resulting from the
25offense of which he or she has been convicted, except as provided
26in Section 13555 of the Vehicle Code. The probationer shall be
27informed, in his or her probation papers, of this right and privilege
28and his or her right, if any, to petition for a certificate of
29rehabilitation and pardon. The probationer may make the
30application and change of plea in person or by attorney, or by the
31probation officer authorized in writing. However, in any subsequent
32prosecution of the defendant for any other offense, the prior
33conviction may be pleaded and proved and shall have the same
34effect as if probation had not been granted or the accusation or
35information dismissed. The order shall state, and the probationer
36shall be informed, that the order does not relieve him or her of the
37obligation to disclose the conviction in response to any direct
38question contained in any questionnaire or application for public
39office, for licensure by any state or local agency, or for contracting
40with the California State Lottery Commission.

P4    1(2) Dismissal of an accusation or information pursuant to this
2section does not permit a person to own, possess, or have in his or
3her custody or control any firearm or prevent his or her conviction
4under Chapter 2 (commencing with Section 29800) of Division 9
5of Title 4 of Part 6.

6(3) Dismissal of an accusation or information underlying a
7conviction pursuant to this section does not permit a person
8prohibited from holding public office as a result of that conviction
9to hold public office.

10(4) This subdivision shall apply to all applications for relief
11under this section which are filed on or after November 23, 1970.

12(b) Subdivision (a) of this section does not apply to any
13misdemeanor that is within the provisions of Section 42002.1 of
14the Vehicle Code, to any violation of subdivision (c) of Section
15286, Section 288, subdivision (c) of Section 288a, Section 288.5,
16subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or
17311.11, or any felony conviction pursuant to subdivision (d) of
18Section 261.5, or to any infraction.

19(c) (1) Except as provided in paragraph (2), subdivision (a)
20does not apply to a person who receives a notice to appear or is
21otherwise charged with a violation of an offense described in
22subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle
23Code.

24(2) If a defendant who was convicted of a violation listed in
25paragraph (1) petitions the court, the court in its discretion and in
26the interests of justice, may order the relief provided pursuant to
27subdivision (a) to that defendant.

28(d) A person who petitions for a change of plea or setting aside
29of a verdict under this section may be required to reimburse the
30court for the actual costs of services rendered, whether or not the
31petition is granted and the records are sealed or expunged, at a rate
32to be determined by the court not to exceed one hundred fifty
33dollars ($150), and to reimburse the county for the actual costs of
34services rendered, whether or not the petition is granted and the
35records are sealed or expunged, at a rate to be determined by the
36county board of supervisors not to exceed one hundred fifty dollars
37($150), and to reimburse any city for the actual costs of services
38rendered, whether or not the petition is granted and the records are
39sealed or expunged, at a rate to be determined by the city council
40not to exceed one hundred fifty dollars ($150). Ability to make
P5    1this reimbursement shall be determined by the court using the
2standards set forth in paragraph (2) of subdivision (g) of Section
3987.8 and shall not be a prerequisite to a person’s eligibility under
4this section. The court may order reimbursement in any case in
5which the petitioner appears to have the ability to pay, without
6undue hardship, all or any portion of the costs for services
7established pursuant to this subdivision.

8(e) (1) Relief shall not be granted under this section unless the
9prosecuting attorney has been given 15 days’ notice of the petition
10for relief. The probation officer shall notify the prosecuting attorney
11when a petition is filed, pursuant to this section.

12(2) It shall be presumed that the prosecuting attorney has
13received notice if proof of service is filed with the court.

14(f) If, after receiving notice pursuant to subdivision (e), the
15prosecuting attorney fails to appear and object to a petition for
16dismissal, the prosecuting attorney may not move to set aside or
17otherwise appeal the grant of that petition.

18(g) Notwithstanding the above provisions or any other provision
19of law, the Governor shall have the right to pardon a person
20convicted of a violation of subdivision (c) of Section 286, Section
21288, subdivision (c) of Section 288a, Section 288.5, or subdivision
22(j) of Section 289, if there are extraordinary circumstances.

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