Diversion programs: sealed records.
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SB 513 — Diversion programs: sealed records.
Last action — Chaptered by Secretary of State. Chapter 798, Statutes of 2013.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 21, 2013. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law provides that, upon successful completion of a drug diversion program or deferred entry of judgment program, the court may order the sealing of court and arrest records of the diverted charges where the interests of justice would be served, as specified. This bill would provide that in any case where a person is arrested and successfully completes a prefiling diversion program administered by a prosecuting attorney in lieu of filing an accusatory pleading, the person may petition the superior court that would have had jurisdiction over the matter for an order to seal the records of the arresting agency and related court files and records, and the court may issue that order if the court finds that doing so will be in furtherance of justice. The bill would provide that the Department of Justice shall continue to be able to maintain and disseminate any records or documents received or maintained by it, as authorized by law.
Bill Text
- Chaptered 10/13/13 - Chaptered Current pdf October 13, 2013
- Enrolled 09/03/13 - Enrolled pdf September 03, 2013
- Amended 08/22/13 - Amended Assembly pdf August 22, 2013
- Amended 08/06/13 - Amended Assembly pdf August 06, 2013
- Amended 04/01/13 - Amended Senate pdf April 01, 2013
- Introduced 02/21/13 - Introduced pdf February 21, 2013
- SB513 View text html
Action History
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Chaptered by Secretary of State. Chapter 798, Statutes of 2013.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Assembly amendments concurred in. (Ayes 30. Noes 7. Page 2038.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 53. Noes 23. Page 2706.) Ordered to the Senate.
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Ordered to third reading.
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Read third time and amended. (Page 2670.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 12. Noes 5.) (July 3).
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 25). Re-referred to Com. on APPR.
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Referred to Com. on PUB. S.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 33. Noes 5. Page 1104.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0. Page 1015.) (May 23).
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Set for hearing May 23.
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Placed on APPR. suspense file.
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Set for hearing May 13.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 757.) (April 30). Re-referred to Com. on APPR.
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Set for hearing April 30.
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Re-referred to Com. on PUB. S.
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Re-referred to Com. on RLS.
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Withdrawn from committee.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
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Referred to Com. on T. & H.
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From printer. May be acted upon on or after March 24.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Hancock · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No
Sponsors (1)
- Hancock
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 7 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 30 | 7 | 0 | 2 |
| % of votes cast | 77% | 18% | 0% | 5% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Beall | — | Yea |
| Knight | — | Nay |
| Liu | — | Yea |
| Nielsen | — | Nay |
| Pavley | — | Yea |
| Cannella | — | Yea |
| Wright | — | Yea |
| Corbett | — | Yea |
| Hancock | — | Yea |
| De León | — | Yea |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Block | — | Yea |
| Lara | — | Yea |
| Leno | — | Yea |
| Lieu | — | Yea |
| Monning | — | Yea |
| Roth | — | Yea |
| Steinberg | — | Yea |
| Torres | — | Yea |
| Walters | — | Yea |
| Wyland | — | Nay |
| Fuller | — | Nay |
| Huff | — | Nay |
| Vidak | — | Nay |
| Wolk | — | Not Voting |
| Emmerson | — | Yea |
| Correa | — | Yea |
| Evans | — | Yea |
| DeSaulnier | — | Yea |
| Galgiani | — | Yea |
| Yee | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Not Voting |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 1 | 0 | 0 |
| Unaffiliated | 50 | 19 | 0 | 2 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 53 | 23 | 0 | 2 |
| % of votes cast | 68% | 29% | 0% | 3% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Brown | — | Yea |
| Harkey | — | Nay |
| Levine | — | Yea |
| Linder | — | Nay |
| Mansoor | — | Nay |
| Nestande | — | Not Voting |
| Pan | — | Yea |
| Quirk | — | Yea |
| Skinner | — | Yea |
| Ting | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Lowenthal | — | Yea |
| Garcia | — | Yea |
| Gray | — | Yea |
| Atkins | — | Yea |
| Buchanan | — | Yea |
| Daly | — | Yea |
| Holden | — | Yea |
| Nazarian | — | Yea |
| Campos | — | Yea |
| Chau | — | Yea |
| Chesbro | — | Yea |
| Chávez | — | Nay |
| Conway | — | Nay |
| Frazier | — | Yea |
| Fong | — | Yea |
| Mitchell | — | Yea |
| Cooley | — | Yea |
| Dickinson | — | Yea |
| Bonilla | — | Yea |
| Gomez | — | Yea |
| Hagman | — | Not Voting |
| Hall | — | Yea |
| Bocanegra | — | Yea |
| John A. Pérez | — | Yea |
| Jones-Sawyer | — | Yea |
| Donnelly | — | Nay |
| Logue | — | Nay |
| Allen | — | Nay |
| Maienschein | — | Nay |
| Medina | — | Yea |
| Melendez | — | Nay |
| Salas | — | Nay |
| Morrell | — | Nay |
| Eggman | — | Yea |
| Mullin | — | Yea |
| Olsen | — | Yea |
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Wagner | — | Nay |
| Waldron | — | Nay |
| Wieckowski | — | Yea |
| Wilk | — | Nay |
| Fox | — | Nay |
| Gatto | — | Yea |
| Yamada | — | Yea |
| Gordon | — | Yea |
| Gorell | — | Yea |
| Beth Gaines | — | Nay |
| Jim Patterson | — | Nay |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Nay |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 5 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 12 | 5 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Bocanegra | — | Yea |
| Gatto | — | Yea |
| Campos | — | Yea |
| Gomez | — | Yea |
| Harkey | — | Nay |
| Holden | — | Yea |
| Bigelow | — | Nay |
| Donnelly | — | Nay |
| Eggman | — | Yea |
| Linder | — | Nay |
| Pan | — | Yea |
| Quirk | — | Yea |
| Wagner | — | Nay |
| Weber | — | Yea |
| Hall | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Waldron | — | Nay |
| Jones-Sawyer | — | Yea |
| Melendez | — | Nay |
| Mitchell | — | Yea |
| Quirk | — | Yea |
| Skinner | — | Yea |
| Ammiano | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 5 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 33 | 5 | 0 | 1 |
| % of votes cast | 85% | 13% | 0% | 3% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Beall | — | Yea |
| Hernandez | — | Yea |
| Huff | — | Nay |
| Lieu | — | Yea |
| Nielsen | — | Nay |
| Roth | — | Yea |
| Steinberg | — | Yea |
| Wright | — | Yea |
| Emmerson | — | Yea |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Wyland | — | Yea |
| Evans | — | Yea |
| Cannella | — | Yea |
| Galgiani | — | Yea |
| Corbett | — | Yea |
| De León | — | Yea |
| Hancock | — | Yea |
| Block | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Lara | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Monning | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Walters | — | Yea |
| Knight | — | Nay |
| Torres | — | Nay |
| Wolk | — | Yea |
| Fuller | — | Nay |
| Yee | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Jackson, Corey A. | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Lara | — | Yea |
| Walters | — | Yea |
| De León | — | Yea |
| Hill | — | Yea |
| Steinberg | — | Yea |
| Beth Gaines | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hill | — | Yea |
| De León | — | Yea |
| Lara | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Not Voting |
| Beth Gaines | — | Not Voting |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 1 | 0 | 0 |
| Total | 6 | 1 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Block | — | Yea |
| Knight | — | Nay |
| Steinberg | — | Yea |
| Hancock | — | Yea |
| Liu | — | Yea |
| De León | — | Yea |
Subjects
Frequently asked questions
- What does SB 513 do?
- Existing law provides that, upon successful completion of a drug diversion program or deferred entry of judgment program, the court may order the sealing of court and arrest records of the diverted charges where the interests of justice would be served, as specified. This bill would provide that in any case where a person is arrested and successfully completes a prefiling diversion program administered by a prosecuting attorney in lieu of filing an accusatory pleading, the person may petition the superior court that would have had jurisdiction over the matter for an order to seal the records of the arresting agency and related court files and records, and the court may issue that order if the court finds that doing so will be in furtherance of justice. The bill would provide that the Department of Justice shall continue to be able to maintain and disseminate any records or documents received or maintained by it, as authorized by law.
- Who sponsors SB 513?
- SB 513 is sponsored by Hancock.
- What is the current status of SB 513?
- This bill has been enacted into law. Introduced February 21, 2013. Enacted.
- Where can I track SB 513?
- Track SB 513 free on One Click Politics — get push/email alerts when it moves.
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