California 2013-2014 Regular Session Status: Enacted

SB 513 — Diversion programs: sealed records.

Last action — Chaptered by Secretary of State. Chapter 798, Statutes of 2013.

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

This bill has been enacted into law. Introduced February 21, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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

Action History

  1. Chaptered by Secretary of State. Chapter 798, Statutes of 2013.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 30. Noes 7. Page 2038.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 53. Noes 23. Page 2706.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2670.)

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 12. Noes 5.) (July 3).

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 25). Re-referred to Com. on APPR.

  13. Referred to Com. on PUB. S.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 33. Noes 5. Page 1104.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 7. Noes 0. Page 1015.) (May 23).

  18. Set for hearing May 23.

  19. Placed on APPR. suspense file.

  20. Set for hearing May 13.

  21. 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.

  22. Set for hearing April 30.

  23. Re-referred to Com. on PUB. S.

  24. Re-referred to Com. on RLS.

  25. Withdrawn from committee.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  27. Referred to Com. on T. & H.

  28. From printer. May be acted upon on or after March 24.

  29. 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.

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

Passed 30 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 28701
Democratic 2001
Total 30702
% 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

Official roll call →

Passed 53 Yea · 23 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 3100
Unaffiliated 501902
Republican 0300
Total 532302
% 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

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% 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

Official roll call →

3rd Reading

Passed 33 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 31500
Democratic 2001
Total 33501
% 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

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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?
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