California 2015-2016 Regular Session Status: Enacted 1 R cosponsors

AB 813 — Criminal procedure: postconviction relief.

Last action — Chaptered by Secretary of State - Chapter 739, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 26, 2015. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 9 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

Under existing law, although persons not presently restrained of liberty may seek certain types of relief from the disabilities of a conviction, the writ of habeas corpus is generally not available to them. Existing law creates an explicit right for a person no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment based on newly obtained evidence of fraud or misconduct by a government official, as specified. This bill would create an explicit right for a person no longer imprisoned or restrained to prosecute a motion to vacate a conviction or sentence based on a prejudicial error damaging the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. The bill would require a court to grant the motion if the moving party establishes a ground for relief, by a preponderance of the evidence. The bill would require a court granting or denying the motion to specify the basis for its conclusion.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 739, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 15. Page 6527.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 1.) (August 30).

  6. Joint Rule 62(a), file notice suspended. (Page 6469.)

  7. Action rescinded whereby the Assembly concurred in Senate amendments.

  8. Senate amendments concurred in.

  9. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  10. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  11. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 5022.).

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

  14. In committee: Referred to APPR. suspense file.

  15. Re-referred to Com. on APPR.

  16. From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (May 10). Re-referred to Com. on RLS.

  17. In committee: Set, first hearing. Hearing canceled at the request of author.

  18. In committee: Hearing postponed by committee.

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

  20. In committee: Hearing postponed by committee.

  21. Referred to Com. on PUB. S.

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

  23. Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 11. Page 1476.)

  24. Read third time and amended. Ordered to third reading. (Page 1429.)

  25. Read third time and amended. Ordered to third reading. (Page 1331.)

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 5. Noes 2.) (April 21).

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

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

  30. Referred to Com. on PUB. S.

  31. From printer. May be heard in committee March 29.

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

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

AB 813 GONZALEZ Concurrence in Senate Amendments

Passed 61 Yea · 15 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 541303
Democratic 5000
Republican 2201
Total 611504
% of votes cast 76%19%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Not Voting
Low — Yea
Maienschein — Yea
Mathis — Nay
Melendez — Nay
O'Donnell — Yea
Obernolte — Nay
Ridley-Thomas — Yea
Waldron — Nay
Weber — Yea
Wood — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Daly — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Levine — Yea
Linder — Yea
Atkins — Yea
Mayes — Yea
Chang — Yea
McCarty — Yea
Baker — Nay
Bloom — Yea
Chau — Yea
Chiu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Medina — Yea
Gray — Not Voting
Harper — Nay
Bigelow — Not Voting
Wagner — Nay
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Wilk — Yea
Williams — Yea
Gatto — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

AB 813 GONZALEZ Concurrence in Senate Amendments

Passed 59 Yea · 14 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 521206
Democratic 5000
Republican 2201
Total 591407
% of votes cast 74%18%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bigelow — Nay
Bloom — Yea
Holden — Yea
Levine — Yea
Maienschein — Yea
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Ting — Yea
Waldron — Nay
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Not Voting
Gatto — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Jones-Sawyer — Yea
Linder — Yea
Atkins — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chang — Yea
Alejo — Yea
Baker — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Medina — Yea
Melendez — Nay
Mullin — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Thurmond — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Wood — Yea
Chávez — Nay
Dodd — Not Voting
Brough — Not Voting
Brown — Not Voting
Harper — Nay
Kim — Not Voting
Mathis — Nay
Wagner — Not Voting
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB813 Gonzalez By Leno

Passed 26 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 251001
Democratic 1101
Total 261102
% of votes cast 67%28%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Hill — Yea
Huff — Nay
Leyva — Yea
Liu — Yea
Pan — Yea
Galgiani — Yea
Fuller — Nay
Glazer — Yea
Allen — Yea
De León — Yea
Hall — Yea
Cannella — Yea
Hancock — Yea
Mitchell — Not Voting
Beall — Yea
Block — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

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
Hill — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 813 GONZALEZ Assembly Third Reading

Passed 65 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 3300
Unaffiliated 58804
Democratic 4000
Total 651104
% of votes cast 81%14%0%5%
How each member voted (80)
Member Party Vote
Levine — Yea
Eggman — Yea
Frazier — Yea
Burke — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Atkins — Yea
Gomez — Yea
Baker — Nay
Brough — Nay
Harper — Nay
Holden — Yea
Linder — Yea
McCarty — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Yea
Williams — Yea
Wood — Yea
Bigelow — Not Voting
Kim — Not Voting
Mathis — Not Voting
Melendez — Not Voting
Obernolte — Nay
Alejo — Yea
Olsen — Yea
Campos — Yea
Chávez — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Salas — Yea
Bonilla — Yea
Gray — Yea
Gatto — Yea
Jones-Sawyer — Yea
Lopez — Yea
Low — Yea
Maienschein — Yea
Mayes — Yea
Medina — Yea
Achadjian — Yea
Bloom — Yea
Brown — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Wagner — Yea
Gonzalez — Yea
Gordon — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Republican 0100
Unaffiliated 5100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Santiago — Yea
Jones-Sawyer — Yea
Low — Yea
Melendez — Nay
Quirk — Yea
Thurmond — Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

immigration civil-rights
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Frequently asked questions

What does AB 813 do?
Under existing law, although persons not presently restrained of liberty may seek certain types of relief from the disabilities of a conviction, the writ of habeas corpus is generally not available to them. Existing law creates an explicit right for a person no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment based on newly obtained evidence of fraud or misconduct by a government official, as specified. This bill would create an explicit right for a person no longer imprisoned or restrained to prosecute a motion to vacate a conviction or sentence based on a prejudicial error damaging the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. The bill would require a court to grant the motion if the moving party establishes a ground for relief, by a preponderance of the evidence. The bill would require a court granting or denying the motion to specify the basis for its conclusion.
Who sponsors AB 813?
AB 813 is sponsored by Gonzalez, Jeff (Republican).
What is the current status of AB 813?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track AB 813?
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