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File #: 15-356    Version: 1
Type: Rules Proposal Status: Passed
File created: 9/23/2015 In control: Judicial Council
On agenda: 10/27/2015 Final action: 10/27/2015
Title: Criminal Procedure: Petition and Order for Dismissal (Military Personnel) (Action Required)
Attachments: 1. 20151027itemA15

Title

Title

Criminal Procedure: Petition and Order for Dismissal (Military Personnel) (Action Required)

 

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Summary

Summary

The Criminal Law Advisory Committee recommends two new optional forms, a Petition for Dismissal (Military Personnel) (form CR-183/MIL-183) and an Order for Dismissal (Military Personnel) (form CR-184/MIL-184), to facilitate court implementation of recent legislation that authorizes courts to order dismissal relief for certain defendants who acquired a criminal record due to a mental health disorder stemming from service in the United States military.

 

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Recommendation

Recommendation

The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2016, approve:

1.                     Petition for Dismissal (Military Personnel) (form CR-183/MIL-183) for use by petitioners who acquired a criminal record due to a mental health disorder stemming from service in the United States military to request dismissal relief from courts;

2.                     Order for Dismissal (Military Personnel) (form CR-184/MIL-184) for use by courts to order dismissal relief for petitioners who acquired a criminal record due to a mental health disorder stemming from service in the United States military and who meet the statutory requirements.

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