California 2023-2024 Regular Session Status: Enacted 1 D cosponsors

AB 709 — Criminal history information.

Last action — Chaptered by Secretary of State - Chapter 453, Statutes of 2023.

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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 13, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 08, 2023.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 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 requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor. This bill would authorize a public prosecutor to provide a list containing only the names of the peace officer and defendant and the corresponding case number to a public defender's office, an alternative public defender's office, or a licensed attorney of record in a criminal case to facilitate and expedite notifying counsel representing other criminal defendants whose cases may involve testimony by that peace officer of exculpatory evidence or impeachment evidence involving that peace officer. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 453, Statutes of 2023.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3467.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (September 13).

  6. Joint Rule 62(a), file notice suspended. (Page 3322.)

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

  8. Assembly Rule 77 suspended. (Page 3228.)

  9. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

  10. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2585.).

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time. Ordered to third reading.

  14. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  15. In committee: Hearing postponed by committee.

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

  17. Read second time and amended. Re-referred to Com. on APPR.

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 13).

  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. 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.

  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 76. Noes 0. Page 1273.)

  24. Read second time. Ordered to Consent Calendar.

  25. From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (April 11).

  26. In committee: Set, second hearing. Hearing canceled at the request of author.

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

  28. Referred to Com. on PUB. S.

  29. From printer. May be heard in committee March 16.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Essayli

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 46001
Republican 13000
Unaffiliated 20000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Villapudua — Yea
Jones-Sawyer — Yea
Rendon — Yea
Friedman — Yea
Maienschein — Yea
Ting — Yea
Wood — Yea
Low — Yea
Holden — Yea
Mathis — Yea
Rodriguez — Yea
McCarty — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3001
Unaffiliated 2000
Republican 2000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Jones-Sawyer — Yea
Santiago — Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Not Voting
Ortega, Liz Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 21001
Republican 7000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 44002
Republican 12001
Unaffiliated 20001
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Boerner Horvath — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Not Voting
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 709 do?
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires the agency to furnish that information to, among other entities, a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law. Existing law makes a person, authorized to receive this information and who knowingly furnishes this information to a person not authorized to receive the information, guilty of a misdemeanor. This bill would authorize a public prosecutor to provide a list containing only the names of the peace officer and defendant and the corresponding case number to a public defender's office, an alternative public defender's office, or a licensed attorney of record in a criminal case to facilitate and expedite notifying counsel representing other criminal defendants whose cases may involve testimony by that peace officer of exculpatory evidence or impeachment evidence involving that peace officer. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 709?
AB 709 is sponsored by McKinnor, Tina (Democratic) and Essayli.
What is the current status of AB 709?
This bill has been enacted into law. Introduced February 13, 2023. Enacted.
Where can I track AB 709?
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