Bill Text: CA AB1352 | 2015-2016 | Regular Session | Chaptered
Bill Title: Deferred entry of judgment: withdrawal of plea.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 646, Statutes of 2015. [AB1352 Detail]
Download: California-2015-AB1352-Chaptered.html
BILL NUMBER: AB 1352 CHAPTERED
BILL TEXT
CHAPTER 646
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 11, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 9, 2015
AMENDED IN SENATE SEPTEMBER 3, 2015
AMENDED IN SENATE MAY 19, 2015
AMENDED IN ASSEMBLY APRIL 27, 2015
INTRODUCED BY Assembly Member Eggman
FEBRUARY 27, 2015
An act to add Section 1203.43 to the Penal Code, relating to
deferred entry of judgment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1352, Eggman. Deferred entry of judgment: withdrawal of plea.
Existing law allows judgment to be deferred with respect to a
defendant who is charged with certain crimes involving possession of
controlled substances and who meets certain criteria, including that
he or she has no prior convictions for any offense involving
controlled substances and has had no felony convictions within the 5
years prior, as specified. Existing law prohibits the record
pertaining to an arrest resulting in successful completion of a
deferred entry of judgment program from being used in any way that
could result in the denial of any employment, benefit, license, or
certificate.
This bill would require a court to allow a defendant who was
granted deferred entry of judgment on or after January 1, 1997, who
has performed satisfactorily during the period in which deferred
entry of judgment was granted, and for whom the criminal charge or
charges were dismissed, as specified, to withdraw his or her plea and
enter a plea of not guilty, and would require the court to dismiss
the complaint or information against the defendant. If court records
showing the case resolution are no longer available, the bill would
require that the defendant's declaration, under penalty of perjury,
that the charges were dismissed after he or she completed the
requirements, be presumed to be true if the defendant submits a copy
of his or her state summary criminal history information that either
shows that the defendant successfully completed the deferred entry of
judgment program or that the record does not show a final
disposition. By expanding the application of the crime of perjury,
the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.43 is added to the Penal Code, to read:
1203.43. (a) (1) The Legislature finds and declares that the
statement in Section 1000.4, that "successful completion of a
deferred entry of judgment program 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" constitutes
misinformation about the actual consequences of making a plea in the
case of some defendants, including all noncitizen defendants, because
the disposition of the case may cause adverse consequences,
including adverse immigration consequences.
(2) Accordingly, the Legislature finds and declares that based on
this misinformation and the potential harm, the defendant's prior
plea is invalid.
(b) For the above-specified reason, in any case in which a
defendant was granted deferred entry of judgment on or after January
1, 1997, has performed satisfactorily during the period in which
deferred entry of judgment was granted, and for whom the criminal
charge or charges were dismissed pursuant to Section 1000.3, the
court shall, upon request of the defendant, permit the defendant to
withdraw the plea of guilty or nolo contendere and enter a plea of
not guilty, and the court shall dismiss the complaint or information
against the defendant. If court records showing the case resolution
are no longer available, the defendant's declaration, under penalty
of perjury, that the charges were dismissed after he or she completed
the requirements for deferred entry of judgment, shall be presumed
to be true if the defendant has submitted a copy of his or her state
summary criminal history information maintained by the Department of
Justice that either shows that the defendant successfully completed
the deferred entry of judgment program or that the record is
incomplete in that it does not show a final disposition. For purposes
of this section, a final disposition means that the state summary
criminal history information shows either a dismissal after
completion of the program or a sentence after termination of the
program.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
