Bill Text: CA AB20 | 2013-2014 | Regular Session | Chaptered
Bill Title: Obscene matter: minors.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2013-08-26 - Chaptered by Secretary of State - Chapter 143, Statutes of 2013. [AB20 Detail]
Download: California-2013-AB20-Chaptered.html
BILL NUMBER: AB 20 CHAPTERED
BILL TEXT
CHAPTER 143
FILED WITH SECRETARY OF STATE AUGUST 26, 2013
APPROVED BY GOVERNOR AUGUST 26, 2013
PASSED THE SENATE JULY 8, 2013
PASSED THE ASSEMBLY AUGUST 8, 2013
AMENDED IN SENATE JUNE 11, 2013
AMENDED IN SENATE MAY 29, 2013
AMENDED IN ASSEMBLY FEBRUARY 25, 2013
INTRODUCED BY Assembly Member Waldron
(Coauthor: Assembly Member Wilk)
(Coauthors: Senators Anderson, Block, Fuller, and Knight)
DECEMBER 3, 2012
An act to amend Section 1203.4 of, and to add Section 311.12 to,
the Penal Code, relating to obscene matter.
LEGISLATIVE COUNSEL'S DIGEST
AB 20, Waldron. Obscene matter: minors.
Existing law generally prohibits the production, distribution, and
production of any representation of information, data, or image, as
specified, of any obscene matter that depicts a person under 18 years
of age personally engaging in or personally simulating sexual
conduct, as defined. Violations of these provisions are crimes.
This bill would provide that every person who is convicted of a
violation of specified offenses relating to obscene matter involving
minors, as specified, in which the violation is committed on, or via,
a government-owned computer or via a government-owned computer
network, or in which the production, transportation, or distribution
of which involves the use, possession, or control of government-owned
property shall, in addition to any imprisonment of fine imposed for
the commission of the underlying offense, be punished by a fine not
exceeding $2,000, unless the court determines that the defendant does
not have the ability to pay. The bill would provide that revenue
from any fines collected would be transferred for deposit into a
county fund established for that purpose and allocated for sexual
assault investigator training, public agencies and nonprofit
corporations that provide shelter, counseling, or other direct
services for victims of human trafficking, and multidisciplinary
teams involved in the prosecution of child abuse cases, as specified.
Existing law allows for the release from all penalties and
disabilities resulting from an offense for which the person was
convicted if specified criteria are met. Existing law excludes
certain sex offenses from these provisions.
This bill would additionally exclude specified offenses relating
to obscene matter involving minors from these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 311.12 is added to the Penal Code, to read:
311.12. (a) (1) Every person who is convicted of a violation of
Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the offense
involves the production, use, possession, control, or advertising of
matter or image that depicts a person under 18 years of age
personally engaging in or simulating sexual conduct, as defined in
subdivision (d) of Section 311.4, in which the violation is committed
on, or via, a government-owned computer or via a government-owned
computer network, shall, in addition to any imprisonment or fine
imposed for the commission of the underlying offense, be punished by
a fine not exceeding two thousand dollars ($2,000), unless the court
determines that the defendant does not have the ability to pay.
(2) Every person who is convicted of a violation of Section 311.1,
311.2, 311.3, 311.10, or 311.11 in which the offense involves the
production, use, possession, control, or advertising of matter or
image that depicts a person under 18 years of age personally engaging
in or simulating sexual conduct, as defined in subdivision (d) of
Section 311.4, in which the production, transportation, or
distribution of which involves the use, possession, or control of
government-owned property shall, in addition to any imprisonment or
fine imposed for the commission of the underlying offense, be
punished by a fine not exceeding two thousand dollars ($2,000),
unless the court determines that the defendant does not have the
ability to pay.
(b) The fines in subdivision (a) shall not be subject to the
provisions of Sections 70372, 76000, 76000.5, and 76104.6 of the
Government Code, or Sections 1464 and 1465.7 of this code.
(c) Revenue from any fines collected pursuant to this section
shall be deposited into a county fund established for that purpose
and allocated as follows, and a county may transfer all or part of
any of those allocations to another county for the allocated use:
(1) One-third for sexual assault investigator training.
(2) One-third for public agencies and nonprofit corporations that
provide shelter, counseling, or other direct services for victims of
human trafficking.
(3) One-third for multidisciplinary teams.
(d) As used in this section:
(1) "Computer" includes any computer hardware, computer software,
computer floppy disk, data storage medium, or CD-ROM.
(2) "Government-owned" includes property and networks owned or
operated by state government, city government, city and county
government, county government, a public library, or a public college
or university.
(3) "Multidisciplinary teams" means a child-focused,
facility-based program in which representatives from many
disciplines, including law enforcement, child protection,
prosecution, medical and mental health, and victim and child advocacy
work together to conduct interviews and make team decisions about
the investigation, treatment, management, and prosecution of child
abuse cases, including child sexual abuse cases. It is the intent of
the Legislature that this multidisciplinary team approach will
protect victims of child abuse from multiple interviews, result in a
more complete understanding of case issues, and provide the most
effective child and family-focused system response possible.
(e) Nothing in this section shall be construed to require any
government or government entity to retain data in violation of any
provision of state or federal law.
SEC. 2. 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 offense, on probation
for any offense, or charged with the commission of any 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 he or she
has been convicted after a plea of not guilty, the court shall set
aside the verdict of guilty; and, 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 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 direct question contained in any questionnaire or
application for public office, for licensure by any 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 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 are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to any
misdemeanor that is within the provisions of Section 42002.1 of the
Vehicle Code, to any violation of subdivision (c) of Section 286,
Section 288, subdivision (c) of Section 288a, Section 288.5,
subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or
311.11, or any felony conviction pursuant to subdivision (d) of
Section 261.5, or to any 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 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 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) (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) If, after receiving notice pursuant to subdivision (e), 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) 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.
