SB 1430 California Senate · 2023-2024 Regular Session

Factual innocence.

Summary
Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence and annotate the person's state summary criminal history information. The bill would require courts to order that relief 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 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.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2024
Committee Review
Floor Vote
Governor
Introduced Feb 16, 2024 Last action May 16, 2024
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
3
Amendments
1
May 16, 2024
Upper · Passed
May 16 hearing: Held in committee and under submission.
upper
Apr 24, 2024
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 16, 2024
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 3638.) (April 16). Re-referred to Com. on APPR.
upper
Feb 29, 2024
Committee
Referred to Com. on PUB S.
upper
Feb 16, 2024
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Steve Glazer
Steve Glazer
DDemocratic
CA
7