BILL NUMBER: AB 2124	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 20, 2014

   An act to add  and repeal  Chapter 2.96 (commencing with
Section  1001.95) to   1001.94) of  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.   sentencing: pilot program. 
   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  , until January 1, 2020,  would  establish
a pilot program in the County of Los Angeles to  authorize a
judge in the superior court  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  and over the objection of the prosecution  , to
defer sentencing a defendant who has submitted a plea of guilty or
nolo contendere  to a misdemeanor  for a period not to
exceed 12 months.  The bill would specify certain criteria that
would disqualify a defendant from these provisions, including having
been previously deferred or the charge including specified crimes.
 The bill would authorize the judge to order the defendant to
comply with terms, conditions, and programs, as specified , and
would require a defendant whose sentence is deferred to complete all
conditions ordered by the   court, make full restitution,
and comply with specified court orders in order to have his or her
plea stricken  . 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)
  1001.94)  is added to Title 6 of Part 2 of the
Penal Code, to read:
      CHAPTER 2.96.  DEFERRAL OF SENTENCING  PILOT PROGRAM 


   1001.95.  (a) (1) A judge in the superior court 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. 
    1001.94.    (a) There is hereby established in the
County of Los Angeles the Deferral of Sentencing Pilot Program. 

   (b) A judge in the superior court of the County of Los Angeles
may, at his or her discretion and over the objection of a prosecuting
attorney, defer sentencing a defendant who has submitted a plea of
guilty or nolo contendere to a misdemeanor pursuant to this chapter.
Sentencing may be deferred for a period not to exceed 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) 
    (c)  A defendant may make a motion for imposition of
diversion pursuant to this  subdivision.  
section.  
   (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 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.  
   (d) This chapter shall apply to first-time misdemeanor defendants,
except as provided in Section 1001.98, in order to reduce the stigma
that is often associated with a criminal record and to increase the
likelihood that a defendant will be able to obtain employment. 

   (e) This chapter shall not be construed to preempt any current or
future diversion programs. Nothing in this chapter is intended to
limit the rights of a victim under Section 28 of Article I of the
California Constitution.  
   (f) It is the intent of the Legislature that no new diversion
programs are created, and that judges shall order a defendant, for
whom judgment is deferred, to complete the same obligations that
would have been imposed had judgment been entered. The only
difference between this chapter and current practice is that under
this chapter judgment will not be entered.  
   1001.95.  A defendant whose sentence is deferred pursuant to this
chapter shall be required to complete all of the following in order
to have his or her plea stricken:
   (a) Complete all conditions ordered by the court.
   (b) Make full restitution.
   (c) Comply with a court-ordered protective order, stay-away order,
or order prohibiting firearm possession, if applicable. 
   1001.96.  (a) If the defendant, during the period of deferral
imposed pursuant to subdivision  (b)   (a) 
of Section  1001.95,   1001.94,  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 a peace officer application request and that,
notwithstanding Section  1001.95,   1001.94,
 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)   (a)  of Section 
1001.95,   1001.94,  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. 
   1001.98.  Deferral of sentencing shall not be offered when any of
the following conditions are met:
   (a) The defendant has been convicted of any misdemeanor in the
previous 10 years, a misdemeanor involving force or violence, or a
felony.
   (b) The defendant has previously had his or her sentence deferred
pursuant to this chapter or any other law.
   (c) Incarceration is mandatory upon the defendant's conviction.
   (d) The defendant is required to register as a sex offender
pursuant to Section 290.
   (e) The magistrate determines that the offense will be prosecuted
as a misdemeanor pursuant to paragraph (5) of subdivision (b) of
Section 17.
   (f) The defendant is a partnership, firm, association,
corporation, limited liability company, or other legal entity.
   (g) The victim is a person identified in Section 6211 of the
Family Code, a minor, or an elder or dependent adult pursuant to
Section 368.
   (h) The charge includes any of the following:
   (1) Force or violence against a peace officer.
   (2) The unlawful use, possession, sale, or transfer of a dangerous
weapon, firearm, or ammunition.
   (3) Violation of Section 23152 or 23153 of the Vehicle Code.
   (4) Violation of either subdivision (c) of Section 192 or
subdivision (b) of Section 191.5.
   (5) Violation of Section 186.22.
   (6) Violation of Section 273.5 or 273.6.
   (7) Violation of an environmental or workplace safety crime,
including, but not limited to, subdivision (a) of Section 5650 of the
Fish and Game Code, Section 8670.64 of the Government Code, Section
25507 of the Health and Safety Code, Section 6423 or 6425 of the
Labor Code, Section 387 of this code, or Section 13387 of the Water
Code.  
   1001.99.  This chapter shall remain in effect only until January
1, 2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.