Bill Text: CA AB2124 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Misdemeanor offenses: deferral of sentencing: pilot program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 732, Statutes of 2014. [AB2124 Detail]
Download: California-2013-AB2124-Amended.html
Bill Title: Misdemeanor offenses: deferral of sentencing: pilot program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 732, Statutes of 2014. [AB2124 Detail]
Download: California-2013-AB2124-Amended.html
BILL NUMBER: AB 2124 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY Assembly Member Lowenthal FEBRUARY 20, 2014 An act toamend Section 1001.50 ofadd Chapter 2.96 (commencing with Section 1001.95) to Title 6 of Part 2 of the Penal Code, relating topretrial diversion programscriminal sentencing . LEGISLATIVE COUNSEL'S DIGEST AB 2124, as amended, Lowenthal. Misdemeanor offenses:pretrial diversion program.deferral of sentencing. Existing law authorizes a county to establish a pretrial diversionprogramsprogram for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations . This bill would authorize a judge in the superior court in the county in which a misdemeanor is being prosecuted, at his or her discretion, to defer sentencing a defendant who has submitted a plea of guilty or nolo contendere for a period not to exceed 24 months and to order the defendant to comply with terms, conditions, and programs, as specified. The bill would require the judge, at the end of the deferral period and if the defendant complies with all terms, conditions, and programs required by the court, to strike the defendant's plea and dismiss the action against the defendant. The bill would require the court to make a motion for entry of judgment and to sentence the defendant if the defendant reoffends or fails to comply with the terms, conditions, or programs ordered by the court.This bill would make technical, nonsubstantive changes to this provision.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. Chapter 2.96 (commencing with Section 1001.95) is added to Title 6 of Part 2 of the Penal Code , to read: CHAPTER 2.96. DEFERRAL OF SENTENCING 1001.95. A judge in the superior court in the county in which a misdemeanor is being prosecuted may, at his or her discretion, defer sentencing a defendant who has submitted a plea of guilty or nolo contendere. Sentencing may be deferred for a period not to exceed 24 months and the judge may order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant's specific situation. 1001.96. (a) If the defendant, during the period of deferral, complies with all terms, conditions, and programs required by the court, then, the judge shall, at the end of the period, strike the defendant's plea and dismiss the action against the defendant. (b) Upon successful completion of the terms, conditions, or programs ordered by the court, the arrest upon which sentencing was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgment for the offense, except as specified in subdivision (c). A record pertaining to an arrest resulting in successful completion of the terms, conditions, or programs ordered by the court shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (c) The defendant shall be advised that, regardless of his or her successful completion of the terms, conditions, or programs ordered by the court pursuant to this chapter, the arrest upon which the judgment was deferred may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding Section 1001.95, this section does not relieve him or her of the obligation to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Section 830. 1001.97. If, during the period of deferral, the defendant reoffends or fails to comply with the terms, conditions, or programs required by the court, then the court shall make a motion for entry of judgment and shall sentence the defendant as if deferral had not occurred.SECTION 1.Section 1001.50 of the Penal Code is amended to read: 1001.50. (a) Notwithstanding any other law, this chapter shall become operative in a county only if the board of supervisors adopts the provisions of this chapter by ordinance. (b) The district attorney of each county shall review annually any diversion program established pursuant to this chapter, and the program shall not continue without the approval of the district attorney. A person shall not be diverted under a program unless it has been approved by the district attorney. This subdivision does not authorize the prosecutor to determine whether a particular defendant shall be diverted. (c) As used in this chapter, "pretrial diversion" means the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.