BILL NUMBER: SB 384 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2013
INTRODUCED BY Senator Gaines
Senators Gaines and DeSaulnier
( Coauthor: Assembly Member
Bonilla )
FEBRUARY 20, 2013
An act to amend Section 1203.4 70010.5
of the Penal Education Code,
relating to convictions. scholarships, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 384, as amended, Gaines. Convictions: expungement.
California Memorial Scholarship Program.
Existing law establishes the California Memorial Scholarship
Program, administered by the Scholarshare Investment Board and funded
by the California Memorial Scholarship Fund. Existing law states
that the purpose of the program is to provide scholarships for
surviving dependents of California residents killed as a result of
injuries sustained during the terrorist attacks of September 11,
2001. Existing law further provides that these scholarships shall be
used to defray the costs incurred by participants in the program at
institutions of higher education.
Existing law requires the California Victim Compensation and
Government Claims Board to identify all persons who are eligible for
scholarships under the program and to notify them of their
eligibility no later than July 1, 2003. Existing law requires
eligible persons to inform the board in a timely manner of their
decision on whether to participate in the program and requires
eligible persons who are to become participants in the program to
execute agreements no later than July 1, 2005.
This bill would instead require the board to identify all persons
who are eligible for scholarships under the program and to notify
them of their eligibility no later than July 1, 2014. The bill would
also require that eligible persons who are to become participants in
the program execute participation agreements no later than July 1,
2015.
This bill would declare that it is to take effect immediately as
an urgency statute.
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, including that all the
conditions of probation have been fulfilled. 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.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Sec tion
70010.5 of the Education Code is amended
to read:
70010.5. (a) The California Victim Compensation and Government
Claims Board shall identify all persons who are eligible for
scholarships under the program. The California Victim Compensation
and Government Claims Board shall notify these persons or, in the
case of minors, the parents or guardians of these persons, of their
eligibility for scholarships under the program. This notification
shall be in writing, and shall be received by all of the appropriate
persons no later than July 1, 2003. 2014.
(b) Eligible persons, or in the case of minors, the parents or
guardians of these persons, shall inform the board of their decision
on whether to participate in the program in a timely manner. Eligible
persons, or in the case of minors, the parents or guardians of these
persons, who are to become participants in the program shall execute
agreements pursuant to Section 70011 no later than July 1,
2005. 2015.
SEC. 2. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
Because many eligible persons are not currently receiving
scholarships under the program, and because of the higher education
expenses, prospective or ongoing, of the dependents of California
residents who were killed as a result of injuries sustained during
the terrorist attacks of September 11, 2001, it is necessary that
this act take effect immediately.
SECTION 1. 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.