BILL NUMBER: SB 1300	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Alquist

                        FEBRUARY 23, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1300, as introduced, Alquist. Crimes: dismissal after mandatory
supervision.
   Existing law authorizes a court that determines that a defendant
who has fulfilled the conditions of probation, been dismissed prior
to the completion of the period of probation, or who the court finds,
in its discretion and the interests of justice, has fulfilled the
prescribed requirements to dismiss the accusations against the
defendant or reverse a verdict of guilty against that defendant.
Under existing law, dismissal under these provisions does not exempt
the person from having that offense used as a prior conviction in a
later prosecution, from the restriction on ownership of a firearm, or
other disabilities resulting from the offense.
   This bill would authorize a court to dismiss the accusation
against a person who has successfully completed a period of
incarceration or mandatory supervision through the county for a
felony charge, 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 1203.4 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 under 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  
an  offense, on probation for  any   an
 offense, or charged with the commission of  any
  an  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   . If
 he or she has been convicted after a plea of not guilty, the
court shall set aside the verdict of guilty  ; and, in
 . 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   a 
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
  a  direct question contained in  any
  a  questionnaire or application for public
office, for licensure by  any   a  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   a  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   that  are filed
on or after November 23, 1970.
   (b) Subdivision (a) of this section does not apply to  any
  a  misdemeanor that is within the provisions of
Section 42002.1 of the Vehicle Code, to  any   a
 violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289,  any   a  felony conviction
pursuant to subdivision (d) of Section 261.5, or to  any
  an  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) A court may, in its discretion and in the interests of
justice, order the relief provided in this section to a defendant who
has successfully completed his or her sentence in county jail or
mandatory supervision pursuant to paragraph (1), (2), or (5) of
subdivision (h) of Section 1170.  
   (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 
 the  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.