BILL ANALYSIS
AB 245
Page 1
GOVERNOR'S VETO
AB 245 (Ma)
As Amended August 25, 2009
2/3 vote
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|ASSEMBLY: |76-1 |(June 2, 2009) |SENATE: |38-0 |(September 3, |
| | | | | |2009) |
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|ASSEMBLY: |78-0 |(September 9, | | | |
| | |2009) | | | |
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Original Committee Reference: B. & P.
SUMMARY : Requires the Medical Board of California (MBC) to
remove an expunged misdemeanor or felony conviction within 90
days of receiving a copy of the expungement order.
The Senate amendments make technical changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annual fee-supported special fund costs of $800,000
to $1 million to support the MBC staffing and follow-up needed
to meet the requirements of this bill.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
COMMENTS : California, like most states, permits certain
offenders to expunge their criminal records. California Penal
Code Section 1203.4 provides the most common expungement relief.
Under this section, an individual granted relief is released
from penalties and disabilities resulting from conviction in any
case in which the person has successfully completed probation.
The individual may, for some purposes, treat the arrest and all
subsequent proceedings as though they never occurred.
Technically, what occurs when an individual expunges his record
AB 245
Page 2
is his conviction or guilty plea is set aside by a judge, a plea
of not-guilty is entered, and the conviction is dismissed. The
statute allows misdemeanor and felony convictions to be expunged
if the defendant was only given a sentence of probation, rather
than state imprisonment.
Although there is no timing requirement, the MBC asserts that
they do remove expunged misdemeanor or felony convictions upon
notification and verification.
GOVERNOR'S VETO MESSAGE :
"This bill reduces transparency for consumers. An expunged
misdemeanor or felony conviction does not mean a healthcare
provider has been found innocent of the crime or that the
provider has been successfully rehabilitated. Consumers deserve
to know whether their provider has been convicted of a
misdemeanor or felony and should be allowed to review the
physician's criminal history in its entirety.
"The law must always place consumer protection above the
protection of a provider's economic interest. I continue to put
consumers first."
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0003323