BILL NUMBER: AB 1352	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 27, 2015

   An act to add Section 1203.43 to the Penal Code, relating to
deferred entry of judgment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1352, as introduced, Eggman. Deferred entry of judgment:
withdrawal of plea.
   Existing law allows judgment to be deferred with respect to a
defendant who is charged with certain crimes involving possession of
controlled substances and who meets certain criteria, including that
he or she has no prior convictions for any offense involving
controlled substances and has had no felony convictions within the 5
years prior, as specified. Existing law prohibits the record
pertaining to an arrest resulting in successful completion of a
deferred entry of judgment program from being used in any way that
could result in the denial of employment, benefit, license, or
certificate.
   This bill would require a court to allow a defendant who was
granted deferred entry of judgment on or after January 1, 1997, after
pleading guilty or nolo contendere to the charged offense, to
withdraw his or her plea and enter a plea of not guilty if the
charges were dismissed after the defendant performed satisfactorily
during the deferred entry of judgment period and the defendant shows
that the plea may result in the denial or loss to the defendant of
any employment, benefit, license, or certificate, including, but not
limited to, causing a noncitizen defendant to potentially be found
inadmissable, deportable, or subject to any other kind of adverse
immigration consequence.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.43 is added to the Penal Code, to read:
   1203.43.  (a) (1) The Legislature finds and declares that the
statement in Section 1000.4, that "successful completion of a
deferred entry of judgment program shall not, without the defendant's
consent, be used in any way that could result in the denial of any
employment, benefit, license, or certificate" constitutes
misinformation about the actual consequences of making a plea in the
case of some defendants, including all noncitizen defendants, because
the disposition of the case may cause adverse consequences,
including adverse immigration consequences.
   (2) Accordingly, the Legislature finds and declares that based on
this misinformation and the potential harm, the defendant's prior
plea is invalid.
   (b) In any case in which a defendant was granted deferred entry of
judgment on or after January 1, 1997, after pleading guilty or nolo
contendere to the charged offense, the defendant shall be permitted
by the court to withdraw the plea of guilty or nolo contendere and
enter a plea of not guilty if the defendant shows both of the
following:
   (1) The charges were dismissed after the defendant performed
satisfactorily during the deferred entry of judgment period.
   (2) The plea of guilty or nolo contendere may result in the denial
or loss to the defendant of any employment, benefit, license, or
certificate, including, but not limited to, causing a noncitizen
defendant to potentially be found inadmissable, deportable, or
subject to any other kind of adverse immigration consequence.