AB 168 — Public safety.

Summary

(1) Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2024, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Existing law, commencing July 1, 2024, requires the department to provide confirmation that automatic conviction record relief was granted upon request from the subject of the record. Under existing law, beginning July 1, 2024, conviction record relief is available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified. This bill would instead delay implementation of these provision until October 1, 2024, would specify that confirmation of automatic conviction relief be in the form of providing a copy of the subject's state summary criminal history information record, as specified, and would extend automatic conviction relief to individuals with the above-described convictions on or after January 1, 1973. Existing law, authorizes an applicant who questions the accuracy or completeness of any material contained in a criminal record to submit a written request to the department and, upon the receipt of the request, requires the department to forward it to the person or agency that furnished the questioned information. Existing law, if the agency denies the allegations of inaccurateness or incompleteness in the record, requires the matter to be referred for administrative adjudication in accordance with specified provisions and, if a material inaccuracy or incompleteness is found, requires the department or agency in charge of the record to correct it and notify all persons and agencies to which it has disseminated the incorrect record of the correction, as specified. This bill would exempt allegations of inaccuracy or incompleteness based on automatic conviction record relief or arrest record relief from the above-described provisions. (2) Existing law requires a court, when entering a judgment of death, to immediately transmit, by mail or otherwise, a statement of the conviction and judgment and a complete transcript of all the testimony given at the trial, as specified, to the Governor. Existing law requires the superior court to enter an order pronouncing the sentence against the defendant and prepare a warrant, as specified, after a judgment imposing the death penalty is upheld by the appellate court and requires, within 5 days, a certified copy of the order, attached to the warrant signed by the judge, to be transmitted to the warden of the state prison with custody of the defendant and certified copies to be transmitted by registered mail to the Governor. This bill would require the court to electronically transmit to the Governor, in a mutually agreed upon format, the statement of the conviction and judgment, the certified copies of the order of judgment, and the warrant. The bill would eliminate the requirement that the court provide a complete transcript of the testimony given at trial and the copy of the clerk's transcript when a judgment of death is had. (3) Existing law authorizes a person convicted of specified misdemeanors or felonies to file a petition for a certificate of rehabilitation and pardon. Existing law requires the petitioner to give notice of the filing and the time of the hearing of the petition, at least 30 days before the date set for the hearing, to, among others, the district attorney of the county in which the petition is filed and to the office of the Governor. This bill would no longer require the petitioner to give notice to the office of the Governor. (4) Existing law grants the Department of Corrections and Rehabilitation authority to operate the state prison system and gives the department jurisdiction over various state prisons and institutions. This bill would delete obsolete references to closed prisons and make other conforming changes. (5) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into the State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law requires the Director of Finance, in consultation with certain entities, to annually calculate a statewide performance incentive payment and a county performance incentive payment, based upon specified performance metrics, for each eligible county, and to distribute those payments in the following fiscal year, as specified. Existing law, for the 2021–22, 2022–23 and 2023–24 fiscal years, instead appropriated $122,829,397 each fiscal year from the General Fund to the State Community Corrections Performance Incentives Fund, in lieu of the general funding provisions, to be allocated to counties as specified. This bill would appropriate $116,144,900 from the General Fund to the State Community Corrections Performance Incentives Fund, again in lieu of the general funding provisions, to be allocated to counties as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 07/02/24 - Chaptered Current pdf July 02, 2024
• Enrolled 07/01/24 - Enrolled pdf July 01, 2024
• Amended 06/22/24 - Amended Senate pdf June 22, 2024
• Amended 02/01/23 - Amended Assembly pdf February 01, 2023
• Introduced 01/09/23 - Introduced pdf January 09, 2023
• AB168 View text html

Action History

1. July 02, 2024

   Chaptered by Secretary of State - Chapter 49, Statutes of 2024.

2. July 02, 2024

   Approved by the Governor.

3. July 01, 2024

   Enrolled and presented to the Governor at 4 p.m.

4. July 01, 2024

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 1. Page 6111.).

5. June 26, 2024

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 28 pursuant to Assembly Rule 77.

6. June 26, 2024

   Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8. Page 4770.).

7. June 26, 2024

   Read second time. Ordered to third reading.

8. June 26, 2024

   From committee: Do pass. (Ayes 13. Noes 5.) (June 26).

9. June 22, 2024

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

10. June 20, 2024

    In committee: Hearing postponed by committee.

11. June 19, 2024

    In committee: Hearing postponed by committee.

12. April 12, 2023

    Referred to Com. on B. & F.R.

13. March 23, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

14. March 23, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 14. Page 862.)

15. March 21, 2023

    Read second time. Ordered to third reading.

16. March 20, 2023

    Ordered to second reading.

17. March 20, 2023

    Withdrawn from committee.

18. March 20, 2023

    Assembly Rule 96 suspended. (Ayes 61. Noes 17. Page 732.)

19. February 02, 2023

    Re-referred to Com. on BUDGET.

20. February 01, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

21. January 26, 2023

    Referred to Com. on BUDGET.

22. January 10, 2023

    From printer. May be heard in committee February 9.

23. January 09, 2023

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects