BILL ANALYSIS Ó
SB 769
Page 1
SENATE THIRD READING
SB 769 (Block)
As Amended April 1, 2013
Majority vote
SENATE VOTE :35-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Clarifies that dismissal of a case under provisions
for veteran defendants who had military-service-related mental
health issues does not restore a defendant's right to possess a
firearm, and does not prevent conviction for being a felon or
drug addict in possession of a firearm.
EXISTING LAW :
1)Requires the court, in the case of a person convicted of a
criminal offense who would otherwise be sentenced to county
jail or state prison and who alleges that he or she committed
the offense as a result of post-traumatic stress disorder
(PTSD), substance abuse, or psychological problems stemming
from service in a combat theater in the United States
military, to hold a hearing before sentencing to determine if
the defendant was a member of the military who served in
combat and to assess whether the defendant suffers from PTSD,
substance abuse, or psychological problems as a result of that
service.
2)States that if the court concludes that a defendant convicted
of a criminal offense was a member of the military suffering
from PTSD, substance abuse, or psychological problems stemming
from service in a combat theater and if the defendant is
otherwise eligible for probation and the court places the
defendant on probation, the court may order the defendant into
a local; state; federal; or private, non-profit treatment
program for a period not to exceed that which the defendant
would have served in state prison or county jail, provided the
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defendant agrees to participate in the program and the court
determines that an appropriate treatment program exists.
3)Obligates counties to provide mental health treatment services
to members of the military forces of the United States
suffering from PTSD, substance abuse, or psychological
problems stemming from service in a combat theater only to the
extent that resources are available for that purpose. If
mental health treatment services are ordered by the court, the
county mental health agency shall coordinate appropriate
referral of the defendant to the county veterans-service
officer. The county mental health agency shall not be
responsible for providing services outside its traditional
scope of services. An order shall be made referring a
defendant to a county mental health agency only if that agency
has agreed to accept responsibility for the treatment of the
defendant.
4)Provides restorative relief to a veteran defendant who
acquires a criminal record due to a mental disorder stemming
from military service.
5)Provides that the restorative relief provision shall apply to
cases in which a trial court or a court monitoring the
defendant's performance on probation finds at a public hearing
that the defendant meets the following eligibility criteria:
a) He or she was granted probation, and at the time that
probation was granted had alleged the offense was committed
as a result of sexual trauma, traumatic brain injury,
post-traumatic stress disorder (PTSD), substance abuse, or
mental health problems stemming from military service;
b) He or she is in substantial compliance with the
conditions of that probation;
c) He or she has successfully participated in court-ordered
treatment and services to address the sexual trauma,
traumatic brain injury, PTSD, substance abuse, or mental
health problems stemming from military service;
d) He or she does not represent a danger to the health and
safety of others; and,
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e) He or she has demonstrated significant benefit from
court-ordered education, treatment, or rehabilitation to
clearly show that granting restorative relief pursuant to
this subdivision would be in the interests of justice.
6)Enumerates factors the court may consider in determining
whether the grant of restorative relief would be in the
interests of justice.
7)Allows the court to order any of the following upon a finding
that a case satisfies the eligibility requirements of
restorative relief:
a) Deem all conditions of probation, including fines, fees,
assessments, and programs, except victim restitution, to be
satisfied and terminate probation early;
b) Exercise discretion under Penal Code Section 17(b) to
reduce an eligible felony to a misdemeanor; and,
c) Grant relief in accordance with Penal Code Section
1203.4.
8)Provides that, notwithstanding the language of Penal Code
Section 1203.4, a dismissal of the action under this
subdivision releases the defendant from all penalties and
disabilities resulting from the offense of which the defendant
has been convicted in the dismissed action.
9)Prohibits the dismissal of the specified criminal offenses,
most of which are sex offenses.
10)Specifies that a dismissal under this section does not affect
the requirement to register as a sex offender under Penal Code
Section 290.
11)States that, when information concerning prior arrests or
convictions is requested to be given under oath, affirmation,
or otherwise, the defendant will not have to disclose his or
her arrest on the dismissed action, the dismissed action, or
the conviction that was set aside, except for when the
question is contained in a questionnaire or application for
any law enforcement position.
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12)Gives the court discretion to seal the arrest and court
records of the dismissed action, making the records thereafter
viewable by the public pursuant to a court order.
13)Provides that the dismissal of the action under these
provisions shall be a bar to any future action based on the
conduct charged in the dismissed action.
14)Specifies that dismissed convictions can still be pleaded and
proved as a prior conviction in a subsequent prosecution for
another offense.
15)Provides that a set-aside conviction can still be considered
a conviction for the purpose of administratively revoking or
suspending or otherwise limiting the defendant's driving
privilege on the grounds of multiple convictions.
16)Specifies that the defendant's DNA sample and profile shall
not be removed as a result of a dismissal under these
provisions.
17)Provides a procedure for many felons and misdemeanants
granted formal probation, with the exception of those
convicted of certain crimes, to obtain dismissal of the case.
This includes those who successfully complete formal
probation, as well as any other case in which a court, in its
discretion and in the interests of justice, determines the
relief is warranted.
18)States that dismissal of an accusation or information
pursuant to Penal Code Section 1203.4 does not permit a person
to own, possess, or have in his or her custody or control any
firearm or prevent him or her from being convicted of the
offense of being an ex-felon in possession of a firearm.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "SB 769 is a technical
correction to a bill signed last year dealing with restorative
relief for veterans in veteran's court. That bill, which is
current law, allows special veterans courts to expunge the
record of veterans who commit offenses while suffering from
service related mental health disorders. Although unintended,
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current law leaves open the possibility that restorative relief
may include the return of firearms to veterans with mental
disorders upon completion of court ordered conditions.
"SB 769 corrects this inadvertent error and treats veterans like
all others who commit felonies and prohibits the veteran from
owning, possessing, or having a firearm in his or her possession
or control."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0001145