California 2011-2012 Regular Session Status: Enacted

AB 1384 — Expungement standards.

Last action — Chaptered by Secretary of State - Chapter 284, Statutes of 2011.

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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 18, 2011. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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, subject to exceptions, provides that every defendant convicted of a misdemeanor and not granted probation and every defendant convicted of an infraction shall be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty or, if he or she has been convicted after a plea of not guilty, have the court set aside the verdict of guilty after one year from the date of judgment, provided he or she satisfies certain conditions. In either case, the court is required to dismiss the accusatory pleading against the defendant, as specified. The bill would make this relief unavailable for misdemeanor convictions of specified sex offenses that apply if the victim is a child 14 or 15 years of age or a dependent person. This bill would authorize, if a defendant does not satisfy all of the above requirements, the court, in its discretion and in the interests of justice, to afford a defendant that relief as to other charges to which these provisions apply if, after a lapse of one year from the date of pronouncement of judgment, the defendant has fully complied with his or her sentence, is not currently serving a sentence for any offense, and is not under charge of commission of any crime. The bill would specify that the dismissal of an accusatory pleading pursuant to the above provisions does not permit a person to own, possess, or have a firearm, or to hold public office if the person is prohibited from holding public office as a result of the conviction. The bill would make a clarifying change to its provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 284, Statutes of 2011.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 26. Page 2497.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 18. Page 1963.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 21). Re-referred to Com. on APPR.

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

  12. Referred to Com. on PUB. S.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 25. Page 1347.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 4).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 26). Re-referred to Com. on APPR.

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

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

  20. Referred to Com. on PUB. S.

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

  22. Read first time. To print.

Sponsors

  • Bradford · Primary
  • Mitchell · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Bradford

Co-sponsors (1)

  • Mitchell

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 1384 BRADFORD Concurrence in Senate Amendments

Passed 48 Yea · 26 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 472406
Democratic 1000
Republican 0200
Total 482606
% of votes cast 60%33%0%8%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Feuer — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Swanson — Yea
Yamada — Yea
Fuentes — Yea
Campos — Yea
John A. Pérez — Yea
Mitchell — Yea
Furutani — Not Voting
Fletcher — Yea
Garrick — Nay
Gatto — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Hall — Yea
Chesbro — Yea
Portantino — Not Voting
Harkey — Nay
Hayashi — Yea
Hueso — Yea
Conway — Nay
Beall — Yea
Block — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Huffman — Yea
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torres — Not Voting
Wagner — Nay
Wieckowski — Yea
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Morrell — Nay
Olsen — Nay
Perea — Nay
Smyth — Nay
Valadao — Nay
Williams — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1384 Bradford By Vargas

Passed 21 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 191701
Democratic 2000
Republican 0100
Total 211801
% of votes cast 53%45%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Nay
Lowenthal — Yea
Hernandez — Yea
Negrete McLeod — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Wyland — Nay
Runner — Nay
Rubio — Nay
De León — Not Voting
Cannella — Nay
Fuller — Nay
Huff — Nay
Dutton — Nay
Alquist — Yea
Anderson — Nay
Blakeslee — Nay
Harman — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Emmerson — Nay
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 1384 BRADFORD Assembly Third Reading

Passed 47 Yea · 25 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 442308
Democratic 3000
Total 472508
% of votes cast 59%31%0%10%
How each member voted (80)
Member Party Vote
Hall — Yea
Yamada — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Butler — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Hagman — Nay
Halderman — Nay
Campos — Yea
Harkey — Nay
Bonilla — Yea
Atkins — Yea
Hayashi — Yea
Huber — Nay
Hueso — Yea
Fletcher — Nay
Jeffries — Nay
Carter — Yea
Knight — Nay
Beall — Yea
Block — Yea
Cedillo — Not Voting
Chesbro — Yea
Conway — Nay
Davis — Yea
Donnelly — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Wagner — Nay
Wieckowski — Yea
Portantino — Not Voting
Gorell — Not Voting
Norby — Not Voting
Torres — Not Voting
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Perea — Nay
Smyth — Nay
Valadao — Nay
Williams — Yea
Cook — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Hall — Yea
Harkey — Nay
Mitchell — Yea
Hill — Yea
Lara — Yea
Donnelly — Nay
Nielsen — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Norby — Nay
Solorio — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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 1384 do?
Existing law, subject to exceptions, provides that every defendant convicted of a misdemeanor and not granted probation and every defendant convicted of an infraction shall be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty or, if he or she has been convicted after a plea of not guilty, have the court set aside the verdict of guilty after one year from the date of judgment, provided he or she satisfies certain conditions. In either case, the court is required to dismiss the accusatory pleading against the defendant, as specified. The bill would make this relief unavailable for misdemeanor convictions of specified sex offenses that apply if the victim is a child 14 or 15 years of age or a dependent person. This bill would authorize, if a defendant does not satisfy all of the above requirements, the court, in its discretion and in the interests of justice, to afford a defendant that relief as to other charges to which these provisions apply if, after a lapse of one year from the date of pronouncement of judgment, the defendant has fully complied with his or her sentence, is not currently serving a sentence for any offense, and is not under charge of commission of any crime. The bill would specify that the dismissal of an accusatory pleading pursuant to the above provisions does not permit a person to own, possess, or have a firearm, or to hold public office if the person is prohibited from holding public office as a result of the conviction. The bill would make a clarifying change to its provisions.
Who sponsors AB 1384?
AB 1384 is sponsored by Bradford and Mitchell.
What is the current status of AB 1384?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1384?
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