California 2023-2024 Regular Session Status: In Committee

SB 843 — Factual innocence.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person's state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person. 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.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. May 18 hearing: Held in committee and under submission.

  3. Set for hearing May 18.

  4. May 1 hearing: Placed on APPR suspense file.

  5. Set for hearing May 1.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 803.) (April 18). Re-referred to Com. on APPR.

  7. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.

  8. Set for hearing April 18.

  9. March 28 set for first hearing canceled at the request of author.

  10. Set for hearing March 28.

  11. Referred to Com. on PUB S.

  12. From printer. May be acted upon on or after March 20.

  13. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Glazer · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Glazer

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

civil-rights
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Frequently asked questions

What does SB 843 do?
Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person's state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person. 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.
Who sponsors SB 843?
SB 843 is sponsored by Glazer.
What is the current status of SB 843?
This bill died with 2023-2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 843?
Track SB 843 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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