AB2519:v99#DOCUMENTBill Start
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2519
Introduced by Assembly Member Maienschein
|
February 13, 2024 |
An act to amend Section 1001.95 of the Penal Code, relating to criminal sentencing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2519, as introduced, Maienschein.
Misdemeanor offenses: deferral of sentencing: firearms prohibition.
Existing law authorizes a judge in the superior court, at the judge’s discretion and over the objection of the prosecution, to defer sentencing a defendant who has submitted a plea of guilty or nolo contendere to a misdemeanor for a period not to exceed 12 months, subject to certain exceptions and requirements on the defendant.
This bill would prohibit a defendant who is charged with an offense that would prohibit them from possessing a firearm if convicted of the offense from possessing a firearm until they successfully complete diversion. By increasing duties on local law enforcement to enforce firearms prohibitions, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making
that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1001.95 of the Penal Code is amended to read:1001.95.
(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.
(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.
(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to
determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:
(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.
(2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(3) A violation of Section 646.9.
(f) A defendant who is diverted pursuant to this chapter for a charged offense listed in Section 29805 shall be prohibited from possessing a firearm
until they successfully complete diversion.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.