Eloise Reyes
- Democratic
- Assemblymember
- District 50
Author
Existing law authorizes a court to allow a defendant sentenced to county jail for a felony to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty, after the lapse of one or 2 years following the defendant's completion of the sentence, provided that the defendant is not under supervision, and is not serving a sentence for, on probation for, or charged with the commission of any offense. Existing law requires the defendant to be released from all penalties and disabilities resulting from the offense of which the defendant was convicted, except as specified. This bill would allow a defendant who successfully participated in the California Conservation Camp Program or a county incarcerated individual hand crew as an incarcerated individual hand crew member, and has been released from custody, to petition to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty. The bill would make persons convicted of specified violent felonies and sex offenses ineligible for relief. The bill would allow the court, if the defendant is eligible for relief, to dismiss the accusations or information against the defendant at the court's discretion and in the interest of justice and would release the defendant from all penalties and disabilities resulting from the offense, except as provided. In granting this relief, the bill would require the court to order the early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any of the terms or conditions of their release during the pendency of the petition.
Chaptered by Secretary of State - Chapter 60, Statutes of 2020.
Approved by the Governor.
Enrolled and presented to the Governor at 2:30 p.m.
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 0.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 12. Page 5384.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (August 20).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 31).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 0. Page 4856.)
Read third time and amended. Ordered to third reading. (Page 4747.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (June 3).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (May 19). Re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
From printer. May be heard in committee March 12.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2147 | HTML |
| 02/10/20 - Introduced | |
| 06/10/20 - Amended Assembly | |
| 08/03/20 - Amended Senate | |
| 08/25/20 - Amended Senate | |
| 09/01/20 - Enrolled | |
| 09/11/20 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.