BILL ANALYSIS �
AB 2371
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CONCURRENCE IN SENATE AMENDMENTS
AB 2371 (Butler)
As Amended June 26, 2012
Majority vote
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|ASSEMBLY: |45-19|(May 25, 2012) |SENATE: |37-0 |(August 22, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides restorative relief to a veteran defendant who
acquires a criminal record due to a mental disorder stemming
from military service.
The Senate amendments delete the provision giving the court
discretion to destroy arrest and court records with the
concurrence of the prosecutor.
AS PASSED BY THE ASSEMBLY , this bill provided restorative relief
to a veteran defendant who acquires a criminal record due to a
mental disorder stemming from military service. Specifically,
this bill :
1)Declared that it is in the interests of justice to restore a
defendant who acquired a criminal record due to a mental
health disorder stemming from service in the United States
military to the community of law abiding citizens.
2)Provided that the restorative relief provision shall apply to
cases in which a trial court or a court monitoring the
defendant's performance on probation finds at a public hearing
that the defendant meets the following eligibility criteria:
a) He or she was granted probation, and at the time that
probation was granted had alleged the offense was committed
as a result of sexual trauma, traumatic brain injury,
post-traumatic stress disorder (PTSD), substance abuse, or
mental health problems stemming from military service;
b) He or she is in substantial compliance with the
conditions of that probation;
c) He or she has successfully participated in court-ordered
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treatment and services to address the sexual trauma,
traumatic brain injury, PTSD, substance abuse, or mental
health problems stemming from military service;
d) He or she does not represent a danger to the health and
safety of others; and,
e) He or she has demonstrated significant benefit from
court-ordered education, treatment, or rehabilitation to
clearly show that granting restorative relief pursuant to
this subdivision would be in the interests of justice.
3)Enumerated factors the court may consider in determining
whether the grant of restorative relief would be in the
interests of justice, including, but not limited to:
a) The defendant's completion and degree of participation
in education, treatment, and rehabilitation as ordered by
the court;
b) The defendant's progress in formal education;
c) The defendant's development of career potential;
d) The defendant's leadership and personal responsibility
efforts; and,
e) The defendant's contribution of service in support of
the community.
4)Stated that if the court finds a case satisfies the
eligibility requirements, then the court may, by form of a
written order with a statement of reasons, do any of the
following:
a) Deem all conditions of probation, including fines, fees,
assessments, and programs, except victim restitution, to be
satisfied and terminate probation early;
b) Exercise discretion pursuant to Penal Code Section 17(b)
to reduce an eligible felony to a misdemeanor; and,
c) Grant relief in accordance with Penal Code Section
1203.4.
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5)Provided that, notwithstanding the language of Penal Code
Section 1203.4, a dismissal of the action under this
subdivision releases the defendant from all penalties and
disabilities resulting from the offense of which the defendant
has been convicted in the dismissed action.
6)Prohibited dismissal of the following offenses:
a) Failure to stop and submit to inspection of equipment
for an unsafe condition;
b) Unlawful sexual intercourse with a minor under 16 years
of age where the defendant is 21 years of age or older;
c) Sodomy with a minor under 14 years of age where the
perpetrator is more than 10 years older;
d) Lewd or lascivious acts upon a child;
e) Oral copulation with a minor under 14 years of age where
the perpetrator is more than 10 years older;
f) Continuous sexual abuse of a child; and,
g) Sexual penetration with a minor under 14 years of age
where the perpetrator is more than 10 years older.
7)Provided that a dismissal under this section does not affect
the requirement to register as a sex offender under Penal Code
Section 290.
8)Stated that, when information concerning prior arrests or
convictions is requested to be given under oath, affirmation,
or otherwise, the defendant will not have to disclose his or
her arrest on the dismissed action, the dismissed action, or
the conviction that was set aside, except for when the
question is contained in a questionnaire or application for
any law enforcement position.
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9)Gave the court discretion to seal the arrest and court records
of the dismissed action, making the records thereafter
viewable by the public pursuant to a court order. Also gives
the court discretion to destroy those records if the district
attorney concurs.
10)Provided that the dismissal of the action under these
provisions shall be a bar to any future action based on the
conduct charged in the dismissed action.
11)Specified that dismissed convictions can still be pleaded and
proved as a prior conviction in a subsequent prosecution for
another offense.
12)Provided that a set-aside conviction can still be considered
a conviction for the purpose of administratively revoking or
suspending or otherwise limiting the defendant's driving
privilege on the grounds of multiple convictions.
13)Specified that the defendant's DNA sample and profile shall
not be removed as a result of a dismissal under these
provisions.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Many veterans are suffering
from mental illnesses as a result of service in the United
States Military. This bill hits at the heart of the issue,
getting veterans the treatment that they need. When a veteran
commits a crime as a result of mental illness from service, in
lieu of prison time the veteran will be given treatment for
their specific mental illness. Once treatment and conditions
are met, this bill would allow a court to grant restorative
relief. These Veterans have sacrificed for our country, we need
to support them and give them the rehabilitation they need so
they can have a normal life."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
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FN: 0004452