Sacramento, CA – The Assembly on a 66-0 vote passed Assembly Bill 2092, authored by Assemblymember Hector De La Torre (D-South Gate) that would prohibit persons convicted of corruption from holding elected office. The bill aims at closing a loophole in current law that allows individuals convicted of various crimes involving corruption and fraudulence to hold political office after the conviction.

Assembly Bill 2092, sponsored by the Los Angeles County District Attorney Steve Cooley, provides that the dismissal of an accusation or information underlying a conviction that prohibits a person from holding office as a result of that conviction does not permit that person to hold office.

Assemblymember De La Torre cited his experience fighting corruption in South Gate and wants to ensure that protections be adopted to prevent corruption from being repeated in other communities in California.

The bill helps maintain the integrity and accountability of public officials. Under current law, individuals may petition to have their convictions expunged in order to have some of their rights reinstated once they have fulfilled their probation conditions.

Under current law, crimes that prohibit an individual from holding public office are limited to a few serious offenses, including bribery, misuse of public funds, conflict of interest, voter fraud by a public official, and embezzlement of public funds.

"An expungement is not a subsequent finding of innocence - it is merely a restoration of some rights to the offender after successful completion of probation," said Assemblymember De La Torre. "Current law is silent as to whether or not an expungement allows a person convicted of crimes involving bribery and/or voter fraud the right to hold public office."

Assembly Bill 2092 will be heard next in the Senate.

Background

Assemblymember De La Torre has long championed strong ethics reform within government. In 2004, he authored Assembly Bill 11 which reduces unethical practices by city councils by limiting the amount that city councilmembers may pay themselves for sitting on a commission, committee, board, authority, or similar body. In addition, he authored Assembly Bill 2753 that prohibits a recalled elected official from spending or taking an action that would commit to expend city funds between the time that the recall election is completed and the date on which the election results are certified. It passed unanimously, on consent.