California Assembly Bill AB1352 Amended / Bill

 BILL NUMBER: AB 1352AMENDED BILL TEXT 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, as amended, 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 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, after pleading guilty or nolo contendere to the charged offense, 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 the  charges were dismissed after the  defendant performed satisfactorily during the deferred entry of judgment period and the defendant shows that the plea may result in the denial or loss to the defendant of any employment, benefit, license, or certificate, including, but not limited to, causing a noncitizen defendant to potentially be found inadmissable, deportable, or subject to any other kind of adverse immigration consequence. 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. 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) In any case in which a defendant was granted deferred entry of judgment on or after January 1, 1997, after pleading guilty or nolo contendere to the charged offense, the defendant shall be permitted by the court to withdraw the plea of guilty or nolo contendere and enter a plea of not guilty  , and thereafter the court shall dismiss the complaint or information against the defendant,  if the defendant shows both of the following: (1) The charges were dismissed after the defendant performed satisfactorily during the deferred entry of judgment period. (2) The plea of guilty or nolo contendere may result in the denial or loss to the defendant of any employment, benefit, license, or certificate, including, but not limited to, causing a noncitizen defendant to potentially be found inadmissable, deportable, or subject to any other kind of adverse immigration consequence.