Amended in Senate September 3, 2015

Amended in Senate May 19, 2015

Amended in Assembly April 27, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1352

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 amended, 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 begin delete January 1, 1997, after pleading guilty or nolo contendere to the charged offense end delete begin insert January 1, 1997, who has performed satisfactorily during the period in which deferred entry of judgment was granted, and for whom the criminal charge or charges were dismissed, as specified end insert , to withdraw his or her plea and enter a plea of not guilty, and would require the court to dismiss the complaint or information against the begin delete defendant, if the defendant performed satisfactorily during the deferred entry of judgment period and the defendant attests 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. The bill would require the Judicial Council to develop a form to allow the defendant to make this attestation. Pursuant to the bill, the completion, signing, and submission of the form with specified documentation would be presumed to satisfy the requirement for the withdrawal of the plea and dismissal of the complaint. end delete begin insert defendant. If court records showing the case resolution are no longer available, the bill would require that the defendant’s declaration, under penalty of perjury, that the charges were dismissed after he or she completed the requirements, be presumed to be true. end insert begin insert By expanding the application of the crime of perjury, the bill would impose a state-mandated local program. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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.

begin delete

(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, and thereafter the court
shall dismiss the complaint or information against the defendant,
if the defendant attests to 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.

(c) The Judicial Council shall, by June 1, 2016, develop a form
that allows a defendant to attest to the information described in
paragraphs (1) and (2) of subdivision (b).

(d) The defendant shall submit documentation of the dismissal
of charges or satisfactory participation in, or completion of,
diversion programming. The completion, signing, and submission
by the defendant of the form described in subdivision (c) with the
documentation specified in this subdivision shall be presumed to
satisfy the requirements for withdrawal of the plea and dismissal
of the complaint or information against the defendant.

end delete begin insert

(b) For the above-specified reason, in any case in which a
defendant was granted deferred entry of judgment on or after
January 1, 1997, has performed satisfactorily during the period
in which deferred entry of judgment was granted, and for whom
the criminal charge or charges were dismissed pursuant to Section
1000.3, the court shall, upon request of the defendant, permit the
defendant to withdraw the plea of guilty or nolo contendere and
enter a plea of not guilty, and the court shall dismiss the complaint
or information against the defendant. If court records showing the
case resolution are no longer available, the defendant’s
declaration, under penalty of perjury, that the charges were
dismissed after he or she completed the requirements for deferred
entry of judgment, shall be presumed to be true.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert