BILL NUMBER: AB 2124	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 20, 2014

   An act to add Chapter 2.96 (commencing with Section 1001.95) to
Title 6 of Part 2 of the Penal Code, relating to criminal sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2124, as amended, Lowenthal. Misdemeanor offenses: deferral of
sentencing.
   Existing law authorizes a county to establish a pretrial diversion
program 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   of a county that has a specified diversion
program to offer that misdemeanor diversion to a defendant over the
objection of a prosecuting attorney. The bill also would authorize a
judge in the superior court in a county in which a misdemeanor is
being prosecuted, if the county does not have a diversion program,
and at the judge's discretion, to defer sentencing a defendant who
has submitted a plea of guilty or nolo contendere for a period not to
exceed 12 months. The bill would authorize the judge  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  , a probation officer, or the
prosecuting attorney  to make a motion for entry of judgment
 ,  and  would require the court  to sentence the
defendant  ,  if the defendant reoffends or fails to comply
with the terms, conditions, or programs ordered by the court.
   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)     (1)    A
judge in the superior court  in   of a county
that has established a misdemeanor diversion program pursuant to
Chapter 2.7 (commencing with Section 1001) or Chapter 2.9 (commencing
with Section 1001.50) may, at his or her discretion and over the
objection of a prosecuting attorney, offer misdemeanor diversion to a
defendant pursuant to those provisions.  
   (2) A defendant may make a motion for imposition of diversion
pursuant to this subdivision.
    (b)     (1)     A judge
in the superior court in  the county in which a misdemeanor is
being prosecuted  that has not established a misdemeanor
diversion program pursuant to Chapter 2.7 (commencing with Section
1001) or Chapter 2.9 (commencing with Section 1001.50)  may, at
his or her discretion, defer sentencing a defendant who has submitted
a plea of guilty or nolo contendere  pursuant to this chapter
 . Sentencing may be deferred for a period not to exceed
 24   12  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. 
   (2) A defendant may make a motion for deferral of sentencing
pursuant to this subdivision.
   1001.96.  (a) If the defendant, during the period of deferral 
imposed pursuant to subdivision (b) of Section 1001.95  ,
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   a  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  imposed pursuant
to subdivision (b) of Section 1001.95  , the defendant reoffends
or fails to comply with the terms, conditions, or programs required
by the court, then the court  , the probation officer, or the
prosecuting attorney  shall make a motion for entry of judgment
 ,  and  the court  shall sentence the defendant as
if deferral had not occurred.