California 2009-2010 Regular Session Status: Enacted

AB 750 — Deferred entry of judgment.

Last action — Chaptered by Secretary of State - Chapter 372, Statutes of 2009.

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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 26, 2009. 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 8 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 entry of judgment may be deferred with respect to defendants who are charged with certain enumerated crimes and meet certain criteria including that they have no prior convictions for any offense involving controlled substances and have had no prior felony convictions within the 5 years prior, as specified. Existing law provides that if the prosecuting attorney determines that a defendant may qualify for a deferred entry of judgment, the prosecuting attorney must advise the defendant and his or her attorney in writing, as specified. Existing law provides that, upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred and allows for the sealing of court and arrest records where the interests of justice would be served, as specified. Existing law similarly establishes a preguilty plea drug court program wherein criminal proceedings are suspended without a plea of guilty for designated defendants. This bill would authorize a superior court, with the concurrence of the prosecuting attorney of the county, to create a deferred entry of judgment reentry program aimed at preventing recidivism among first-time nonviolent felony drug offenders. The bill would specify the characteristics of that program and the process for eligibility for the program. The California Constitution requires that a statute, a court rule, or other authority adopted that limits the people's right of access to information, including the writings of public officials and agencies, shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings that any limitation on the public's right of access to the writings of public officials and agencies made by its provisions is necessary to provide an incentive for program participants to complete the diversion program and to prevent recidivism among nonviolent offenders.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 372, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 51. Noes 25. Page 3198.)

  5. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 24. Noes 16. Page 2211.)

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Amend, and do pass as amended. (Ayes 8. Noes 5.) (August 27).

  10. In committee: Placed on Appropriations suspense file.

  11. (Page 1804.)

  12. Joint Rule 62(a) suspended.

  13. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (July 7).

  14. Referred to Com. on PUB. S.

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

  16. Read third time, passed, and to Senate. (Ayes 53. Noes 24. Page 1932.)

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 14).

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee March 30.

  23. Read first time. To print.

Sponsors

  • Bass · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Bass

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

AB 750 BASS Concurrence in Senate Amendments

Passed 60 Yea · 28 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 552703
Republican 2100
Democratic 3000
Total 602803
% of votes cast 66%31%0%3%
How each member voted (91)
Member Party Vote
Beall — Yea
Block — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Fletcher — Nay
Audra — Nay
Garrick — Nay
Cook — Nay
Duvall — Not Voting
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Bass — Yea
Jeffries — Nay
Logue — Nay
Mendoza — Not Voting
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Nay
Adams — Yea
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Lieu — Yea
Ma — Yea
Nava — Not Voting
Nielsen — Nay
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Evans — Yea
Davis — Yea
Yamada — Yea
DeVore — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB750 Bass By Leno

Passed 25 Yea · 16 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231500
Democratic 2000
Republican 0100
Total 251600
% of votes cast 61%39%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Wyland — Nay
Runner — Nay
Cogdill — Nay
Correa — Nay
Hollingsworth — Nay
Huff — Nay
Ashburn — Nay
Cox — Nay
Dutton — Nay
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Ducheny — Yea
Hancock — Yea
Kehoe — Yea
Liu — Yea
Aanestad — Nay
Alquist — Yea
Benoit — Nay
Harman — Nay
Leno — Yea
Maldonado — Nay
Price — Yea
Steinberg — Yea
Wolk — Yea
Corbett — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8500
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Nay
Runner — Nay
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Nay
Price — Yea
Wolk — Yea
Cox — Nay
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Yea
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Leno — Yea
Oropeza — Yea
Wolk — Yea
Wyland — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 750 BASS Assembly Third Reading

Passed 62 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 572603
Republican 2100
Democratic 3000
Total 622703
% of votes cast 67%29%0%3%
How each member voted (92)
Member Party Vote
Bill — Nay
Tom — Nay
Yamada — Yea
Fletcher — Nay
Audra — Nay
Fuller — Nay
Gilmore — Nay
Hagman — Not Voting
Conway — Nay
Cook — Nay
Harkey — Nay
Jeffries — Nay
Logue — Nay
Miller — Nay
Bass — Yea
Duvall — Not Voting
Nestande — Nay
Silva — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Villines — Nay
Carter — Yea
Chesbro — Yea
Evans — Yea
Feuer — Yea
Coto — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Beall — Yea
Blumenfield — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Price — Yea
Adams — Yea
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Swanson — Yea
Torrico — Yea
Tran — Yea
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Davis — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Hall — Yea
Krekorian — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Audra — Nay
Ammiano — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Solorio — Yea
Duvall — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 750 do?
Existing law provides that entry of judgment may be deferred with respect to defendants who are charged with certain enumerated crimes and meet certain criteria including that they have no prior convictions for any offense involving controlled substances and have had no prior felony convictions within the 5 years prior, as specified. Existing law provides that if the prosecuting attorney determines that a defendant may qualify for a deferred entry of judgment, the prosecuting attorney must advise the defendant and his or her attorney in writing, as specified. Existing law provides that, upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred and allows for the sealing of court and arrest records where the interests of justice would be served, as specified. Existing law similarly establishes a preguilty plea drug court program wherein criminal proceedings are suspended without a plea of guilty for designated defendants. This bill would authorize a superior court, with the concurrence of the prosecuting attorney of the county, to create a deferred entry of judgment reentry program aimed at preventing recidivism among first-time nonviolent felony drug offenders. The bill would specify the characteristics of that program and the process for eligibility for the program. The California Constitution requires that a statute, a court rule, or other authority adopted that limits the people's right of access to information, including the writings of public officials and agencies, shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings that any limitation on the public's right of access to the writings of public officials and agencies made by its provisions is necessary to provide an incentive for program participants to complete the diversion program and to prevent recidivism among nonviolent offenders.
Who sponsors AB 750?
AB 750 is sponsored by Bass.
What is the current status of AB 750?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 750?
Track AB 750 free on One Click Politics — get push/email alerts when it moves.

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