Senate Bill No. 519

Introduced by Senator Hancock

(Coauthor: Senator Leno)

February 26, 2015

An act to amend Sections 13952 and 13956 of the Government Code, and to amend Sections 1203.4, 1203.4a, and 1203.41 of the Penal Code, relating to victims of crime, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 519, as introduced, Hancock. Victims of crime: compensation.

(1) Existing law provides for the indemnification of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board, subject to specified criteria for, among other things, submission and verification of applications, eligibility for emergency awards and compensation for specified services, procedures for hearings with respect to the denial of awards, and publicizing of the program by the board. Payment is made under these provisions from the Restitution Fund, which is continuously appropriated to the board for these purposes.

This bill would require all correspondence by the board to an applicant to be written in English, Spanish, and Chinese. The bill would prohibit the board from requiring an applicant to submit documentation from the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, the Social Security Administration, or the Employment Development Department in order to determine eligibility for compensation.

(2) Existing law requires an application for compensation to be denied if the board finds that the victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing a crime. Existing law also requires an application for compensation to be denied if a person has been convicted of a felony and is not discharged from probation.

This bill would prohibit a claim from being denied pursuant to these provisions in any case in which the victim is eligible for compensation as a minor. This bill would also remove the prohibition against granting compensation to a person convicted of a felony, but not discharged from parole, if the compensation is solely used to fund mental health counseling. By expanding the eligibility for payments from a continuously appropriated fund, this bill would make an appropriation.

(3) Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or has been convicted of a misdemeanor and not granted probation and has fully complied with and performed the sentence of the court, or has been sentenced to a county jail for a felony, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief and requires the defendant to be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.

This bill would state that the dismissal of an accusation or information underlying a conviction pursuant to these provisions does not relieve a person from paying a restitution fine or direct restitution. By increasing the revenues deposited into a continuously appropriated fund, this bill would make an appropriation.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 13952 of the Government Code is
amended to read:

13952.  

(a) An application for compensation shall be filed with
the board in the manner determined by the board.

(b) (1) The application for compensation shall be verified under
penalty of perjury by the individual who is seeking compensation,
who may be the victim or derivative victim, or an individual
seeking reimbursement for burial, funeral, or crime scene cleanup
expenses pursuant to subdivision (a) of Section 13957. If the
individual seeking compensation is a minor or is incompetent, the
application shall be verified under penalty of perjury or on
information and belief by the parent with legal custody, guardian,
conservator, or relative caregiver of the victim or derivative victim
for whom the application is made. However, if a minor seeks
compensation only for expenses for medical, medical-related,
psychiatric, psychological, or other mental health
counseling-related services and the minor is authorized by statute
to consent to those services, the minor may verify the application
for compensation under penalty of perjury.

(2) For purposes of this subdivision, “relative caregiver” means
a relative as defined in subdivision begin delete (i) end delete begin insert (h) end insert of Section 6550 of the
Family Code, who assumed primary responsibility for the child
while the child was in the relative’s care and control, and who is
not a biological or adoptive parent.

(c) (1) The board may require submission of additional
information supporting the application that is reasonably necessary
to verify the application and determine eligibility for compensation.

(2) The staff of the board shall determine whether an application
for compensation contains all of the information required by the
board. If the staff determines that an application does not contain
all of the required information, the staff shall communicate that
determination to the applicant with a brief statement of the
additional information required. The applicant, within 30 calendar
days of being notified that the application is incomplete, may either
supply the additional information or appeal the staff’s
determination to the board, which shall review the application to
determine whether it is complete.

begin insert

(3) The board shall not require an applicant to submit
documentation from the Internal Revenue Service, the Franchise
Tax Board, the State Board of Equalization, the Social Security
Administration, or the Employment Development Department in
order to determine eligibility for compensation.

end insert

(d) (1) The board may recognize an authorized representative
of the victim or derivative victim, who shall represent the victim
or derivative victim pursuant to rules adopted by the board.

(2) For purposes of this subdivision, “authorized representative”
means any of the following:

(A) An attorney.

(B) If the victim or derivative victim is a minor or an
incompetent adult, the legal guardian or conservator, or an
immediate family member, parent, or relative caregiver who is not
the perpetrator of the crime that gave rise to the claim.

(C) A victim assistance advocate certified pursuant to Section
13835.10 of the Penal Code.

(D) An immediate family member of the victim or derivative
victim, who has written authorization by the victim or derivative
victim, and who is not the perpetrator of the crime that gave rise
to the claim.

(E)  Other persons who shall represent the victim or derivative
victim pursuant to rules adopted by the board.

(F) A county social worker designated by a county department
of social services to represent a child abuse victim or an elder
abuse victim if that victim is unable to file on his or her own behalf.

(3) Except for attorney’s fees awarded under this chapter, no
authorized representative described in paragraph (2) shall charge,
demand, receive, or collect any amount for services rendered under
this subdivision.

begin insert

(e) All correspondence by the board to an applicant shall be
written in English, Spanish, and Chinese.

end insert

SEC. 2.  

Section 13956 of the Government Code is amended
to read:

13956.  

Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:

(a) An application shall be denied if the board finds that the
victim or, if compensation is sought by or on behalf of a derivative
victim, either the victim or derivative victim, knowingly and
willingly participated in the commission of the crime that resulted
in the pecuniary loss for which compensation is being sought
pursuant to this chapter. However, this subdivision shall not apply
if the injury or death occurred as a direct result of a crime
committed in violation of Section 261, 262, or 273.5 of, or a crime
of unlawful sexual intercourse with a minor committed in violation
of subdivision (d) of Section 261.5 of, the Penal Code.

(b) (1) An application shall be denied if the board finds that
the victim or, if compensation is sought by, or on behalf of, a
derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
However, in determining whether cooperation has been reasonable,
the board shall consider the victim’s or derivative victim’s age,
physical condition, and psychological state, cultural or linguistic
barriers, any compelling health and safety concerns, including, but
not limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim’s family or
the derivative victim or the derivative victim’s family, and giving
due consideration to the degree of cooperation of which the victim
or derivative victim is capable in light of the presence of any of
these factors. begin insert An application for a claim shall not be denied
pursuant to this paragraph in any case in which the victim is
eligible for compensation as a minor. end insert

(2) An application for a claim based on domestic violence shall
not be denied solely because no police report was made by the
victim. The board shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence relying upon evidence other than a police report to
establish that a domestic violence crime has occurred. Factors
evidencing that a domestic violence crime has occurred may
include, but are not limited to, medical records documenting
injuries consistent with allegations of domestic violence, mental
health records, or the fact that the victim has obtained a temporary
or permanent restraining order, or all of these.

(3) An application for a claim based on human trafficking as
defined in Section 236.1 of the Penal Code shall not be denied
solely because no police report was made by the victim. The board
shall adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying
upon evidence other than a police report to establish that a human
trafficking crime as defined in Section 236.1 of the Penal Code
has occurred. That evidence may include any reliable corroborating
information approved by the board, including, but not limited to,
the following:

(A) A Law Enforcement Agency Endorsement issued pursuant
to Section 236.2 of the Penal Code.

(B) A human trafficking caseworker as identified in Section
1038.2 of the Evidence Code, has attested by affidavit that the
individual was a victim of human trafficking.

(4) (A) An application for a claim by a military personnel victim
based on a sexual assault by another military personnel shall not
be denied solely because it was not reported to a superior officer
or law enforcement at the time of the crime.

(B) Factors that the board shall consider for purposes of
determining if a claim qualifies for compensation include, but are
not limited to, the evidence of the following:

(i) Restricted or unrestricted reports to a military victim
advocate, sexual assault response coordinator, chaplain, attorney,
or other military personnel.

(ii) Medical or physical evidence consistent with sexual assault.

(iii) A written or oral report from military law enforcement or
a civilian law enforcement agency concluding that a sexual assault
crime was committed against the victim.

(iv) A letter or other written statement from a sexual assault
counselor, as defined in Section 1035.2 of the Evidence Code,
licensed therapist, or mental health counselor, stating that the
victim is seeking services related to the allegation of sexual assault.

(v) A credible witness to whom the victim disclosed the details
that a sexual assault crime occurred.

(vi) A restraining order from a military or civilian court against
the perpetrator of the sexual assault.

(vii) Other behavior by the victim consistent with sexual assault.

(C) For purposes of this subdivision, the sexual assault at issue
shall have occurred during military service, including deployment.

(D) For purposes of this subdivision, the sexual assault may
have been committed offbase.

(E) For purposes of this subdivision, a “perpetrator” means an
individual who is any of the following at the time of the sexual
assault:

(i) An active duty military personnel from the United States
Army, Navy, Marine Corps, Air Force, or Coast Guard.

(ii) A civilian employee of any military branch specified in
clause (i), military base, or military deployment.

(iii) A contractor or agent of a private military or private security
company.

(iv) A member of the California National Guard.

(F) For purposes of this subdivision, “sexual assault” means an
offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
the Penal Code, as of the date the act that added this paragraph
was enacted.

(c) An application for compensation may be denied, in whole
or in part, if the board finds that denial is appropriate because of
the nature of the victim’s or other applicant’s involvement in the
events leading to the crime or the involvement of the persons whose
injury or death gives rise to the application. In the case of a minor,
the board shall consider the minor’s age, physical condition, and
psychological state, as well as any compelling health and safety
concerns, in determining whether the minor’s application should
be denied pursuant to this section. The application of a derivative
victim of domestic violence under the age of 18 years of age or a
derivative victim of trafficking under 18 years of age may not be
denied on the basis of the denial of the victim’s application under
this subdivision.

(d) (1) Notwithstanding Section 13955, begin delete no end delete begin insert a end insert person who is
convicted of a felony begin delete may end delete begin insert shall not end insert be granted compensation until
that person has been discharged from probation or has been
released from a correctional institution and has been discharged
from parole, if begin delete any. end delete begin insert any, unless the compensation is solely used to
fund mental health counseling. end insert In no case shall compensation be
granted to an applicant pursuant to this chapter during any period
of time the applicant is held in a correctional institution.

(2) A person who has been convicted of a felony may apply for
compensation pursuant to this chapter at any time, but the award
of that compensation may not be considered until the applicant
meets the requirements for compensation set forth in paragraph
(1).

(3) Applications of victims who are not felons shall receive
priority in the award of compensation over an application submitted
by a felon who has met the requirements for compensation set
forth in paragraph (1).

SEC. 3.  

Section 1203.4 of the Penal Code is amended to read:

1203.4.  

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

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

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

begin insert

(4) Dismissal of an accusation or information underlying a
conviction pursuant to this section does not relieve a person from
paying a restitution fine imposed pursuant to subdivision (b) of
Section 1202.4 or direct restitution imposed pursuant to subdivision
(f) of Section 1202.4.

end insert begin delete

(4)

end delete

begin insert (5) end insert  This subdivision shall apply to all applications for relief
under this section which are filed on or after November 23, 1970.

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

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

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

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

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

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

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

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

SEC. 4.  

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

1203.4a.  

(a) Every defendant convicted of a misdemeanor and
not granted probation, and every defendant convicted of an
infraction shall, at any time after the lapse of one year from the
date of pronouncement of judgment, if he or she has fully complied
with and performed the sentence of the court, is not then serving
a sentence for any offense and is not under charge of commission
of any crime, and has, since the pronouncement of judgment, lived
an honest and upright life and has conformed to and obeyed the
laws of the land, be permitted by the court to withdraw his or her
plea of guilty or nolo contendere and enter a plea of not guilty; or
if he or she has been convicted after a plea of not guilty, the court
shall set aside the verdict of guilty; and in either case the court
shall thereupon dismiss the accusatory pleading against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he or she has been
convicted, except as provided in Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of Part 6 of this code or
Section 13555 of the Vehicle Code.

(b) If a defendant does not satisfy all the requirements of
subdivision (a), after a lapse of one year from the date of
pronouncement of judgment, a court, in its discretion and in the
interests of justice, may grant the relief available pursuant to
subdivision (a) to a defendant convicted of an infraction, or of a
misdemeanor and not granted probation, or both, if he or she has
fully complied with and performed the sentence of the court, is
not then serving a sentence for any offense, and is not under charge
of commission of any crime.

(c) (1) The defendant shall be informed of the provisions of
this section, either orally or in writing, at the time he or she is
sentenced. The defendant may make an application and change of
plea in person or by attorney, or by the probation officer authorized
in writing, provided that, in any subsequent prosecution of the
defendant for any other offense, the prior conviction may be
pleaded and proved and shall have the same effect as if relief had
not been granted pursuant to this section.

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

(3) Dismissal of an accusatory pleading underlying a conviction
pursuant to this section does not permit a person prohibited from
holding public office as a result of that conviction to hold public
office.

begin insert

(4) Dismissal of an accusation or information underlying a
conviction pursuant to this section does not relieve a person from
paying a restitution fine imposed pursuant to subdivision (b) of
Section 1202.4 or direct restitution imposed pursuant to subdivision
(f) of Section 1202.4.

end insert

(d)  This section applies to any conviction specified in
subdivision (a) or (b) that occurred before, as well as those
occurring after, the effective date of this section, except that this
section does not apply to the following:

(1) A misdemeanor violation of subdivision (c) of Section 288.

(2) Any misdemeanor falling within the provisions of Section
42002.1 of the Vehicle Code.

(3) Any infraction falling within the provisions of Section 42001
of the Vehicle Code.

(e) A person who petitions for a dismissal of a charge under
this section may be required to reimburse the county and the court
for the cost of services rendered at a rate to be determined by the
county board of supervisors for the county and by the court for the
court, not to exceed sixty dollars ($60), and to reimburse any city
for the cost of services rendered at a rate to be determined by the
city council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person’s eligibility under this
section. The court may order reimbursement in any case in which
the petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.

(f) A petition for dismissal of an infraction pursuant to this
section shall be by written declaration, except upon a showing of
compelling need. Dismissal of an infraction shall not be granted
under this section unless the prosecuting attorney has been given
at least 15 days’ notice of the petition for dismissal. It shall be
presumed that the prosecuting attorney has received notice if proof
of service is filed with the court.

(g) Any determination of amount made by a court under this
section shall be valid only if either (1) made under procedures
adopted by the Judicial Council or (2) approved by the Judicial
Council.

SEC. 5.  

Section 1203.41 of the Penal Code is amended to read:

1203.41.  

(a) If a defendant is sentenced pursuant to paragraph
(5) of subdivision (h) of Section 1170, the court, in its discretion
and in the interests of justice, may order the following relief,
subject to the conditions of subdivision (b):

(1) The court may permit the defendant to withdraw his or her
plea of guilty or plea of nolo contendere and enter a plea of not
guilty, or, if he or she has been convicted after a plea of not guilty,
the court shall set aside the verdict of guilty, and, in either case,
the court shall thereupon dismiss the accusations or information
against the defendant and he or she shall thereafter be released
from all penalties and disabilities resulting from the offense of
which he or she has been convicted, except as provided in Section
13555 of the Vehicle Code.

(2) The relief available under this section may be granted only
after the lapse of one year following the defendant’s completion
of the sentence, if the sentence was imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170, or after the lapse of two years following the defendant’s
completion of the sentence, if the sentence was imposed pursuant
to subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170.

(3) The relief available under this section may be granted only
if the defendant is not under supervision pursuant to subparagraph
(B) of paragraph (5) of subdivision (h) of Section 1170, and is not
serving a sentence for, on probation for, or charged with the
commission of any offense.

(4) The defendant shall be informed, either orally or in writing,
of the provisions of this section and of his or her right, if any, to
petition for a certificate of rehabilitation and pardon at the time he
or she is sentenced.

(5) The defendant may make the application and change of plea
in person or by attorney, or by a probation officer authorized in
writing.

(b) Relief granted pursuant to subdivision (a) is subject to the
following conditions:

(1) In any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if the accusation or information had not
been dismissed.

(2) The order shall state, and the defendant shall be informed,
that the order does not relieve him or her of the obligation to
disclose the conviction in response to any direct question contained
in any questionnaire or application for public office, for licensure
by any state or local agency, or for contracting with the California
State Lottery Commission.

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

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

begin insert

(5) Dismissal of an accusation or information underlying a
conviction pursuant to this section does not relieve a person from
paying a restitution fine imposed pursuant to subdivision (b) of
Section 1202.4 or direct restitution imposed pursuant to subdivision
(f) of Section 1202.4.

end insert

(c) This section applies to any conviction specified in
subdivision (a) that occurred before, on, or after January 1, 2014.

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

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

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

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