BILL NUMBER: AB 2582	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 19, 2010

   An act to amend Section 1203.4a of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2582, as introduced, Adams. Infractions: dismissal of charge.
   Existing law provides that every defendant convicted of specified
misdemeanors and not granted probation shall, under specified
conditions, be permitted by the court to withdraw his or her plea of
guilty or nolo contendere and enter a plea of not guilty and the
court shall dismiss the accusatory pleading against the defendant.
Existing law also authorizes the court to set aside any guilty
verdict after trial against the defendant, under those same
conditions. In either case, existing law releases the defendant,
except as specified, from all penalties and disabilities resulting
from the offense of which he or she has been convicted.
   This bill would provide that defendants convicted of infractions,
except specified motor vehicle related infractions, and defendants in
any other case in which a court, in its discretion and in the
interests of justice, determines that a defendant should be granted
the above relief, shall be permitted to seek dismissal of charges and
release from all penalties and disabilities resulting from the
offense of which he or she has been convicted, as specified.
   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 1203.4a 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,  or in any other case in which a court, in its
discretion and in the interests of   justice, determines
that a defendant should be granted the relief available under this
section,  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 Section 12021.1 of this code or
Section 13555 of the Vehicle Code. 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.
   This subdivision applies to convictions which occurred before as
well as those occurring after, the effective date of this section.
   (b) Subdivision (a) does not apply to any misdemeanor  or
infraction  falling within the provisions of subdivision (b) of
Section 42001 of the Vehicle Code  , or to any infraction
 .
   (c) 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.
   (d) 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.