Mia Bonta
- Democratic
- Assemblymember
- District 18
Author
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. Under AUMA, a person 21 years of age or older may, among other things, possess, process, transport, purchase, obtain, or give away, as specified, up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Existing law authorizes a person to petition for the recall or dismissal of a sentence, dismissal and sealing of a conviction, or redesignation of a conviction of an offense for which a lesser offense or no offense would be imposed under AUMA. Existing law, on or before July 1, 2019, requires the Department of Justice to review the records in the state summary criminal history information database to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation. Existing law gives the prosecution until July 1, 2020, to review all cases and determine whether to challenge the recall, dismissal, or sealing. Existing law requires the court to reduce or dismiss a sentence that has not been challenged by July 1, 2020. This bill would, if a sentence was not challenged by July 1, 2020, require the court to issue an order recalling or dismissing the sentence, dismissing and sealing, or redesignating the conviction no later than March 1, 2023, and would require the court to update its records accordingly and to notify the Department of Justice. The bill would require the Department of Justice, on or before July 1, 2023, to complete the update of the state summary criminal history information database, and ensure that inaccurate state summary criminal history is not reported, as specified. The bill would require the department to conduct an awareness campaign so that individuals that may be impacted by this process become aware of methods to verify updates to their criminal history. The bill would make a conviction, arrest, or other proceeding that has been sealed pursuant to these provisions deemed never to have occurred, as specified. The bill would, until June 1, 2024, require the department, in consultation with the Judicial Council, to produce a quarterly joint progress report to the Legislature, as specified.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 387, Statutes of 2022.
Enrolled and presented to the Governor at 3:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0. Page 5990.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4909.).
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 11).
Read second time and amended. Ordered returned to second reading.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 0.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (May 19).
Coauthors revised.
In committee: Set, first hearing. Referred to suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 8).
From printer. May be heard in committee February 26.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1706 | HTML |
| 01/26/22 - Introduced | |
| 03/10/22 - Amended Assembly | |
| 05/19/22 - Amended Assembly | |
| 08/11/22 - Amended Senate | |
| 08/24/22 - Enrolled | |
| 09/18/22 - Chaptered |
| Document | Format |
|---|---|
| 03/07/22- Assembly Public Safety | |
| 04/04/22- Assembly Appropriations | |
| 05/24/22- ASSEMBLY FLOOR ANALYSIS | |
| 06/18/22- Senate Public Safety | |
| 07/29/22- Senate Appropriations | |
| 08/11/22- Senate Appropriations | |
| 08/15/22- Sen. Floor Analyses | |
| 08/19/22- ASSEMBLY FLOOR ANALYSIS |
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