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CA SB315

Bill

Status

Engrossed

5/23/2019

Primary Sponsor

Bob Hertzberg

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Establishes the COVID-19 Alternative Adjudication Program requiring courts to dismiss charges if a defendant meets specified conditions, including 6 months passing since release from custody and no subsequent misdemeanor or felony charges filed after the original charge.

  • Prohibits dismissal for serious felonies, violent felonies, domestic violence offenses, sex crimes, DUI violations, stalking, and violations of protective orders, among other specified offenses.

  • Requires defendants to consent to dismissal and prohibits dismissal if the defendant poses an unreasonable risk of danger to public safety or has pending violations of probation, parole, or supervision.

  • Mandates courts conduct hearings to determine restitution owed to victims and order payment before dismissal, with defendants able to agree to remain liable for unpaid balances as civil judgments even if indigent.

  • Deems arrests resulting in dismissal under this program to have never occurred, allows records to be sealed, and prohibits use of such records in employment, licensing, or benefit determinations without the defendant's consent; the program expires and is repealed on January 1, 2022.

Legislative Description

Criminal procedure: COVID-19 Alternative Adjudication Program.

Last Action

August 20 hearing: Held in committee and under submission.

8/20/2020

Committee Referrals

Appropriations8/6/2020
Public Safety6/29/2020
Rules6/26/2020
Revenue and Taxation7/1/2019
Rules6/27/2019
Jobs, Economic Development, and the Economy6/6/2019
Appropriations4/23/2019
Business, Professions and Economic Development2/28/2019
Rules2/15/2019

Full Bill Text

No bill text available