Bill Text - AB-1924 Criminal law: certificate of rehabilitation. - California Legislative Information
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
An act to amend Section 4852.01 of the Penal Code, relating to criminal law.
LEGISLATIVE COUNSEL'S DIGEST
AB 1924, as introduced, Gipson. Criminal law: certificate of rehabilitation.
Existing law allows a person convicted of a felony or a person who is convicted of a misdemeanor violation of a registrable sex offense to file a petition for a certificate of rehabilitation and pardon if, among other requirements, the accusatory pleading has since been dismissed and the person has not been incarcerated since the dismissal.
This bill would allow a person to file a petition without the requirement of the dismissal of the accusatory pleading. The bill would also remove the requirement that the petitioner not be incarcerated since the dismissal of the accusatory pleading.
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
The people of the State of California do enact as follows:
SECTION 1.
Section 4852.01 of the Penal Code is amended to read:
4852.01.
(a) A person convicted of a felony who is committed to a state prison or other institution or agency, including commitment to a county jail pursuant to subdivision (h) of Section 1170, may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.
(b) A person convicted of a felony or a person who is convicted of a misdemeanor violation of any sex offense specified in Section 290, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, 290 may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years’ residence in this state prior to the filing of the petition.
(c) This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, or persons in military service.
(d) Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, if there are extraordinary circumstances.
source: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1924
Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.