California 2011-2012 Regular Session Status: Passed Assembly

AB 2263 — Probation: conditions.

Last action — In committee: Held under submission.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty 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 this or other specified relief. This bill would authorize the court, in its discretion and in the interests of justice, to permit a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a defendant was sentenced for a nonserious, nonviolent, or nonsexual offense to county jail and if the defendant is not under mandatory supervision and is not serving a sentence for, on probation for, or charged with the commission of, any offense.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Placed on APPR. suspense file.

  3. Re-referred to Com. on APPR.

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

  5. From committee: Do pass as amended. (Ayes 5. Noes 1.) (July 3).

  6. Referred to Com. on PUB. S.

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

  8. Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 30. Page 5172.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 4. Noes 2.) (May 8).

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

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

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

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

  15. Referred to Com. on PUB. S.

  16. Read first time.

  17. From printer. May be heard in committee March 27.

  18. Introduced. To print.

Sponsors

  • Bradford · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Bradford

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

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
Dutton — Yea
Lieu — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Hancock — Yea
Harman — Not Voting
Liu — Yea
Steinberg — Yea
Anderson — Nay
Price — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended.

Failed 3 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3201
Democratic 0001
Total 3202
% of votes cast 43%29%0%29%
How each member voted (7)
Member Party Vote
Hancock — Yea
Harman — Nay
Liu — Yea
Steinberg — Not Voting
Anderson — Nay
Price — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Reconsideration granted.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Harman — Yea
Anderson — Yea
Liu — Yea
Steinberg — Yea
Price — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 42 Yea · 30 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 422807
Republican 0200
Democratic 0001
Total 423008
% of votes cast 53%38%0%10%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Carter — Yea
Fong — Yea
Brownley — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Campos — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gatto — Yea
Gorell — Nay
Cedillo — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Hall — Yea
Chesbro — Yea
Hayashi — Yea
Portantino — Nay
Fletcher — Nay
Hill — Yea
Huber — Yea
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Huffman — Nay
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Not Voting
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Not Voting
Olsen — Not Voting
Pan — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Valadao — Not Voting
Wagner — Nay
Williams — Yea
Solorio — Not Voting
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Not Voting
Bradford — Yea
Buchanan — Yea
Harkey — Nay
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Not Voting
Nielsen — Nay
Perea — Nay
Skinner — Yea
Torres — Nay
Wieckowski — Yea
Butler — Yea
Eng — Yea
Feuer — Nay
Dickinson — Yea
Galgiani — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hagman — Nay
Cedillo — Yea
Mitchell — Yea
Skinner — Yea
Knight — Nay
Ammiano — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2263 do?
Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty 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 this or other specified relief. This bill would authorize the court, in its discretion and in the interests of justice, to permit a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a defendant was sentenced for a nonserious, nonviolent, or nonsexual offense to county jail and if the defendant is not under mandatory supervision and is not serving a sentence for, on probation for, or charged with the commission of, any offense.
Who sponsors AB 2263?
AB 2263 is sponsored by Bradford.
What is the current status of AB 2263?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2263?
Track AB 2263 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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