BILL NUMBER: AB 1352	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2015
	AMENDED IN SENATE  MAY 19, 2015
	AMENDED IN ASSEMBLY  APRIL 27, 2015

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  January 1,
1997, after pleading guilty or nolo contendere to the charged offense
  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  , 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  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.  
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.   By expanding the application of the crime of
perjury, the bill would impose a state-mandated local program. 

   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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, 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.  
   (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. 
   SEC. 2.    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.