California 2019-2020 Regular Session Status: Passed Assembly 1 D cosponsors

AB 2808 — Dismissal of convictions: protective orders.

Last action — Referred to Coms. on PUB. S. and APPR.

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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 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 allows a person convicted of a criminal offense who has successfully completed the term of probation to, except as specifically exempted and under specified conditions and procedures, petition the court to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty or, if convicted after a plea of not guilty, petition the court to set aside the verdict of guilty and dismiss the accusatory pleading. Under existing law, a person granted relief pursuant to these provisions shall be released from all penalties and disabilities resulting from the offense, except as specified. This bill would specify that the dismissal does not release the defendant from the terms and conditions of any criminal protective order that was issued by the court in connection with the case and that those orders remain in full effect until their expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusatory pleading.

Bill Text

Action History

  1. Referred to Coms. on PUB. S. and APPR.

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

  3. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4796.)

  4. Read second time. Ordered to third reading.

  5. From committee: Do pass. (Ayes 7. Noes 0.) (May 19).

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

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

  8. Referred to Com. on PUB. S.

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

  10. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Smith

Not signed on (120)

120 members have not signed on to this bill.

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"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 2808 Cervantes Assembly Third Reading

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 21001
Unaffiliated 48003
Republican 6000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Kiley — Yea
Brough — Yea
Nazarian — Yea
Weber — Yea
Diep — Yea
Bigelow — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Bloom — Yea
Burke — Yea
Daly — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Fong — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Waldron — Yea
Gonzalez — Yea
Wood — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Jones-Sawyer — Yea
Ting — Yea
Voepel — Yea
Gray — Yea
Chau — Yea
Mathis — Yea
Frazier — Yea
Obernolte — Yea
Mayes — Yea
Santiago — Yea
Low — Not Voting
Kamlager — Not Voting
Quirk — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2808 do?
Existing law allows a person convicted of a criminal offense who has successfully completed the term of probation to, except as specifically exempted and under specified conditions and procedures, petition the court to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty or, if convicted after a plea of not guilty, petition the court to set aside the verdict of guilty and dismiss the accusatory pleading. Under existing law, a person granted relief pursuant to these provisions shall be released from all penalties and disabilities resulting from the offense, except as specified. This bill would specify that the dismissal does not release the defendant from the terms and conditions of any criminal protective order that was issued by the court in connection with the case and that those orders remain in full effect until their expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusatory pleading.
Who sponsors AB 2808?
AB 2808 is sponsored by Cervantes, Sabrina (Democratic) and Smith.
What is the current status of AB 2808?
This bill died with 2019-2020 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 2808?
Track AB 2808 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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