SB 1468

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 18, 2022
  • Passed Senate May 26, 2022
  • Passed Assembly Aug 29, 2022
  • Governor

Factual innocence.

Bill Subjects

Factual Innocence.

Abstract

Existing law requires the court and the California Victim Compensation Board to grant specified relief if a person is found to be factually innocent, including the sealing of records of arrest and detention and recommending that the Legislature make an appropriation to indemnify the person for injury suffered through their erroneous conviction and imprisonment, as specified. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person's state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief to be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would require the California Victim Compensation Board, when it makes a determination or finding of innocence, to report, among other information, a description of those proceedings to the Department of Justice, as specified. The bill would, in certain circumstances, extend the deadline from 30 days to 90 days from the filing of a claim for the California Victim Compensation Board to calculate the compensation for the claimant and approve payment to the claimant. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person. This bill would incorporate additional changes to Sections 4900, 4903, and 4904 of the Penal Code proposed by SB 993 to be operative only if this bill and SB 993 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 1485.55 and 4902 of the Penal Code proposed by SB 981 to be operative only if this bill and SB 981 are enacted and this bill is enacted last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (5)

Votes


Actions


Sep 29, 2022

Senate

In Senate. Consideration of Governor's veto pending.

Senate

Vetoed by the Governor.

Sep 09, 2022

California State Legislature

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

Aug 30, 2022

Senate

Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5318.) Ordered to engrossing and enrolling.

Aug 29, 2022

Assembly

Read third time. Passed. Ordered to the Senate.

Senate

In Senate. Concurrence in Assembly amendments pending.

Aug 25, 2022

Assembly

Read third time and amended.

Assembly

Ordered to third reading.

Aug 15, 2022

Assembly

Read second time. Ordered to third reading.

Aug 11, 2022

Assembly

From committee: Do pass. (Ayes 16. Noes 0.) (August 11).

Aug 03, 2022

Assembly

August 3 set for first hearing. Placed on suspense file.

Jun 29, 2022

Assembly

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

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 28, 2022

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 28).

Jun 21, 2022

Assembly

June 21 set for first hearing canceled at the request of author.

Jun 02, 2022

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 27, 2022

Assembly

In Assembly. Read first time. Held at Desk.

May 26, 2022

Senate

Read third time. Passed. (Ayes 38. Noes 0. Page 3976.) Ordered to the Assembly.

May 23, 2022

Senate

Read second time. Ordered to third reading.

May 19, 2022

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3797.) (May 19).

May 13, 2022

Senate

Set for hearing May 19.

May 09, 2022

Senate

May 9 hearing: Placed on APPR suspense file.

Apr 29, 2022

Senate

Set for hearing May 9.

Apr 27, 2022

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3520.) (April 26). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 04, 2022

Senate

Set for hearing April 26.

Mar 23, 2022

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 14, 2022

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Mar 09, 2022

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 22, 2022

Senate

From printer.

Feb 18, 2022

Senate

Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1468 HTML
02/18/22 - Introduced PDF
03/14/22 - Amended Senate PDF
05/19/22 - Amended Senate PDF
06/29/22 - Amended Assembly PDF
08/25/22 - Amended Assembly PDF
09/06/22 - Enrolled PDF

Related Documents

Document Format
04/22/22- Senate Public Safety PDF
05/06/22- Senate Appropriations PDF
05/19/22- Senate Appropriations PDF
05/23/22- Sen. Floor Analyses PDF
06/27/22- Assembly Public Safety PDF
08/01/22- Assembly Appropriations PDF
08/17/22- ASSEMBLY FLOOR ANALYSIS PDF
08/26/22- ASSEMBLY FLOOR ANALYSIS PDF
08/29/22- Sen. Floor Analyses PDF
10/10/22- Sen. Floor Analyses PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

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