California 2009-2010 Regular Session Status: Enacted

AB 2582 — Infractions: dismissal of charge.

Last action — Chaptered by Secretary of State - Chapter 99, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that every defendant convicted of specified misdemeanors and not granted probation shall, under specified conditions, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty and the court shall dismiss the accusatory pleading against the defendant. Existing law also authorizes the court to set aside any guilty verdict after trial against the defendant, under those same conditions. In either case, existing law releases the defendant, except as specified, from all penalties and disabilities resulting from the offense of which he or she has been convicted. This bill would change an obsolete cross reference that determines which misdemeanors are exempt from dismissal and relief pursuant to these provisions. It would provide that defendants convicted of infractions, except specified motor vehicle related infractions, shall be permitted to seek dismissal of charges and release from all penalties and disabilities resulting from those offenses, as specified. The bill would also provide that a petition for dismissal of an infraction shall generally be by written declaration, and that the dismissal of an infraction shall not be granted unless the prosecuting attorney receives prior notice of the petition for dismissal, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 99, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2 p.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 4197.)

  6. Read second time. To third reading.

  7. From committee: Do pass. (Ayes 7. Noes 0.) (June 22).

  8. Referred to Com. on PUB. S.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time, passed, and to Senate. (Ayes 70. Noes 2. Page 5193.)

  11. Ordered to third reading.

  12. From Consent Calendar.

  13. Read second time. To Consent Calendar.

  14. Read second time and amended. Ordered returned to second reading.

  15. From committee: Amend, and do pass as amended. To Consent Calendar. (May 4).

  16. Re-referred to Com. on PUB. S.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  18. Referred to Com. on PUB. S.

  19. Read first time.

  20. From printer. May be heard in committee March 23.

  21. Introduced. To print.

Sponsors

  • Adams · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Adams

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB2582 Adams By Leno

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Simitian — Yea
Wiggins — Not Voting
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Huff — Yea
Leno — Yea
Steinberg — Yea
Wright — Yea

Official roll call →

AB 2582 ADAMS Assembly Third Reading

Passed 82 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77206
Democratic 2001
Republican 3000
Total 82207
% of votes cast 90%2%0%8%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Eng — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Block — Yea
Davis — Yea
DeVore — Yea
Yamada — Not Voting
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Nay
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huber — Not Voting
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Bass — Not Voting
Beall — Yea
Blakeslee — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Not Voting
Nielsen — Yea
Silva — Not Voting
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Furutani — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Portantino — Not Voting
Hagman — Yea
Hill — Yea
Ammiano — Yea
Beall — Yea
Skinner — Yea
Gilmore — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2582 do?
Existing law provides that every defendant convicted of specified misdemeanors and not granted probation shall, under specified conditions, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty and the court shall dismiss the accusatory pleading against the defendant. Existing law also authorizes the court to set aside any guilty verdict after trial against the defendant, under those same conditions. In either case, existing law releases the defendant, except as specified, from all penalties and disabilities resulting from the offense of which he or she has been convicted. This bill would change an obsolete cross reference that determines which misdemeanors are exempt from dismissal and relief pursuant to these provisions. It would provide that defendants convicted of infractions, except specified motor vehicle related infractions, shall be permitted to seek dismissal of charges and release from all penalties and disabilities resulting from those offenses, as specified. The bill would also provide that a petition for dismissal of an infraction shall generally be by written declaration, and that the dismissal of an infraction shall not be granted unless the prosecuting attorney receives prior notice of the petition for dismissal, as specified.
Who sponsors AB 2582?
AB 2582 is sponsored by Adams.
What is the current status of AB 2582?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2582?
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