BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2263|
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THIRD READING
Bill No: AB 2263
Author: Bradford (D)
Amended: 8/7/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-2, 6/26/12 (FAIL)
AYES: Hancock, Liu, Price
NOES: Anderson, Harman
NO VOTE RECORDED: Calderon, Steinberg
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 7/3/12
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 42-30, 5/31/12 - See last page for vote
SUBJECT : Persons sentenced to jail for a felony
conviction
SOURCE : American Civil Liberties Union
Lawyers Committee for Civil Rights of the San
Francisco
Bay Area
DIGEST : This bill authorizes a person who was sentenced
for a jail felony to apply for dismissal of his or her
conviction and the underlying charge.
ANALYSIS : Existing law provides that any defendant who
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has not been convicted in the current or a prior case of
one of a specified class of felonies shall be sentenced to
a term of imprisonment in the county jail for a term of 16
months, two years or three years, or the term provided in
the crime of conviction. (Penal Code (PEN) �1170, subd.
(h))
Existing law provides that defendants currently or
previously convicted of the following felonies are excluded
from a jail sentence and must serve any felony sentence in
prison:
A serious felony (PEN � 1192.7, subd. (c))
A violent felony (PEN � 667.5, subd. (c))
A felony for which sex offender registration is required.
(PEN �290)
A felony conviction with a white-collar crime excessive
theft or loss enhancement (PEN �186.11) (PEN � 1170,
subd. (h))
Existing law provides that where a court sentences a
defendant for a jail felony pursuant to Penal Code Section
1170, subdivision (h), the court may impose the sentence as
follows:
The full lower, middle or upper term for the offense.
The term for the offense, but with the last portion of
the term spent under supervision by the probation
department in the community. (PEN �1170, subd.
(h)(5)(A)-(B))
Existing law provides that where a defendant has fulfilled
the terms of probation, or been discharged from probation,
or where the court determines that a defendant should be
granted relief in the interests of justice, the defendant
shall, at any time after the termination of probation, if
he or she is not then serving a sentence for any offense,
on probation for any offense, or charged with any offense,
shall, upon application, be granted the following relief:
The court shall dismiss the conviction or allow the
defendant to withdraw his or her guilty plea. The court
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shall then dismiss the accusations against the defendant.
(PEN � 1203.4, subd. (a))
Existing law provides that in any subsequent prosecution of
the defendant, the prior conviction may be pleaded and
proved and shall have the same effect as if probation had
not been granted or the accusations dismissed. (PEN �
1203.4, subd. (a))
Existing law states that an order of dismissal does not
relieve the petitioner 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. (PEN � 1203.4,
subd. (a))
This bill provides that a defendant convicted of a felony
and sentenced pursuant to Penal Code Section 1170,
subdivision (h) to county jail for full term, or split
sentenced to a split term of jail confinement and community
supervision may petition the court to withdraw his or her
guilty plea or for a dismissal of the conviction if both of
the following conditions are met:
The defendant is not under supervision, as specified.
The defendant is not serving a sentence for, on probation
for, or charged with the commission of, any defense.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/7/12)
American Civil Liberties Union (co-source)
Lawyers' Committee for Civil Rights of the San Francisco
Bay Area (co-source)
A New Way of Life Reentry Project
All of Us or None
American Federation of State, County, and Municipal
Employees
California Public Defenders Association
California State Conference of the National Association for
the Advancement of Colored People
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Californians United for a Responsible Budget
City and County of San Francisco, Mayor's Office
Community Works
Congress of Racial Equality of California
County of Alameda
Drug Policy Alliance
East Bay Community Law Center
Facts Education Fund
Friends Committee on Legislation of California
Legal Aid Society - Employment Law Center
Legal Services for Prisoners with Children
National Employment Law Project
Rubicon Programs
San Francisco Branch of the National Association for the
Advancement of Colored People
San Francisco County Adult Probation Department
San Francisco County Public Defender
San Francisco District Attorney
Watsonville Law Center
OPPOSITION : (Verified 8/7/12)
California District Attorneys Association
ARGUMENTS IN SUPPORT : The California Public Defenders
states in support:
Realignment requires sentences for specified low-level
felonies be served in a county jail. The main thrust
of realignment is to realize a successful transition
of a defendant into the community by allowing him or
her to obtaining the skills and services at the local
level where family members and support networks are
located.
AB 2263 will reduce unemployment and boost the economy
by providing hope to those sentenced to jail that they
can demonstrate that that they have earned expungement
relief under Penal Code Section 1203.4. AB 2263
maintains the discretion of the court to grant relief
under Penal Code Section 1203.4 in the interests of
justice. The relief is not a right; it must be
earned. When a person demonstrates rehabilitation,
the court sets aside and dismisses the conviction.
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Although the conviction remains on the person's
record, the relief significantly improves his or her
ability to finds jobs and housing.
ARGUMENTS IN OPPOSITION : The California District
Attorneys Association states in opposition:
Currently, pursuant to Penal Code Section 1203.4, a
defendant who was placed on probation may have the
underlying conviction expunged. A defendant who was
sentenced to prison, which necessarily means that
probation was denied, cannot have the underlying
conviction expunged. Penal Code Section 1203.4
applies only to defendants who were granted probation.
(People. v. Borja (198) 110 Cal.App.3d 378.)
Felons sentenced to jail under realignment are
similarly situated to felons sentenced to prison.
Conversely, felons sentenced under realignment are not
similarly situated to probationers. The simple change
in where sentenced felons serve their terms under
realignment is not appropriate grounds to afford
sentenced jail felons the relief available under Penal
Code Section 1203.4
ASSEMBLY FLOOR : 42-30, 5/31/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Bonilla, Bradford, Brownley, Buchanan, Butler, Campos,
Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Fong,
Fuentes, Furutani, Gatto, Gordon, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Lara, Bonnie Lowenthal,
Ma, Mitchell, Monning, Pan, V. Manuel P�rez, Skinner,
Swanson, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Feuer, Fletcher, Beth Gaines, Galgiani, Garrick, Gorell,
Grove, Hagman, Halderman, Harkey, Huffman, Jeffries,
Jones, Knight, Logue, Miller, Morrell, Nestande, Nielsen,
Perea, Portantino, Silva, Smyth, Torres, Wagner
NO VOTE RECORDED: Blumenfield, Charles Calderon, Mansoor,
Mendoza, Norby, Olsen, Solorio, Valadao
RJG:n 8/7/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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