BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2582|
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THIRD READING
Bill No: AB 2582
Author: Adams (R)
Amended: 5/5/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/22/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 70-2, 5/17/10 - See last page for vote
SUBJECT : Infractions: dismissal of charge
SOURCE : Conference of California Bar Associations
DIGEST : This bill authorizes the court to expunge a
former conviction for a non-vehicular infraction.
ANALYSIS : Existing law provides that in any case where
the 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 expungement relief, the defendant shall at any time
after the termination of the period of probation be allowed
to withdraw his or her plea of 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 dismiss the accusation against the defendant,
CONTINUED
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and, except as noted, the defendant shall be released from
all penalties and disabilities. (Penal Code 1203.4(a).)
Existing law prohibits the expungement of the record of
conviction for persons convicted of child molestation,
continuous sexual abuse of a child, sodomy with a child
under the age of 14, oral copulation with a child under the
age of 14, and sexual penetration of a child under the age
of 14. (Penal Code 1203.4(b).)
Existing law states that dismissal of an accusation or
information pursuant to Penal Code Section 1203.4 does not
permit a person to own, possess, or have in his or her
custody or control any firearm or prevent him or her from
being convicted of the offense of being an ex-felon in
possession of a firearm. (Penal Code 1203.4(a).)
Existing law states that an order of dismissal does not
relieve him or her of the obligation to disclose the
conviction in response to any questions contained in any
questionnaire or application for public office, or for
licensure for any state or local agency. (Penal Code
1203.4(a).)
Existing law provides that, despite the accusatory pleading
having been dismissed, in any other 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. (Penal Code
1203.4(a).)
Existing law states that every defendant convicted of a
misdemeanor and not granted probation 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
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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. (Penal Code
1203.4a(a).)
This bill provides 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/10)
Conference of California Bar Associations (source)
East Bay Community Law Center
Santa Clara County Bar Association
ARGUMENTS IN SUPPORT : The East Bay Community Law Center
states:
California faces significant reentry challenges, with
one in five adults showing a criminal record on a
background check. Studies have shown that the economic
support provided by employment reduces the rate of
recidivism. The dismissal remedy in California (also
known as "expungement") applies to specific crimes and
requires individuals to prove their rehabilitation to
a judge. Evidence of rehabilitation in the form of an
expungement has the power to remove barriers in
employment, licensing, and housing.
Currently, non-traffic infractions cannot be dismissed
under California's expungement statutes, codified at
1203.4 and 1203.4a of the California Penal Code.
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Most non-traffic infractions are for petty offenses
such as shoplifting, which are pled down from a
misdemeanor. The statutory scheme should also provide
a remedy for the least serious convictions to
encourage employment opportunities and increase public
safety. We support AB 2582 because it will increase
access to California's expungement remedies, and thus
offer more people access to employment options they
deserve, which will reduce the rate of recidivism and
promote public safety.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nestande, Niello, Nielsen,
Norby, V. Manuel Perez, Ruskin, Salas, Saldana, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, John A. Perez
NOES: Blakeslee, Portantino
NO VOTE RECORDED: Bass, Caballero, Furutani, Huber, Nava,
Silva, Yamada
RJG:nl 6/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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