BILL NUMBER: AB 2263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 24, 2012

   An act to amend Section 1203.4 of the Penal Code, relating to
probation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2263, as amended, Bradford. Probation: conditions.
   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 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. 
   This bill would make a technical, nonsubstantive change to that
provision.  
   This bill would authorize the court, in its discretion and in the
interests of justice, to permit 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, if
the defendant was sentenced for a nonserious, nonviolent, or
nonsexual offense to county jail for his or her full sentence or
sentenced to county jail for all but a concluding portion of his or
her term during which time the defendant is subject to mandatory
supervision. 
   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 1203.4 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 pursuant to 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.
   (4) 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, or
subdivision (j) of Section 289, 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) 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 relief provided pursuant to
subdivision (a) with regard to that defendant.  
   (d) 
    (e)  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) 
    (f)  (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) 
    (g)  If, after receiving notice pursuant to subdivision
 (e)   (f)  , 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) 
    (h)  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.