Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 762

Introduced by Assembly Member Wicks

February 13, 2023

An act to amend Section 851.86 repeal Section 14132 of the Penal Code, relating to crimes. criminal justice.


LEGISLATIVE COUNSEL'S DIGEST


AB 762, as amended, Wicks. Factual innocence. California Violence Intervention and Prevention Grant Program.
Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program and assigns the authority and duties of the board in administering the program, including the selection criteria for grants. Existing law limits the maximum grant amount to $1,500,000. Existing law repeals this program on January 1, 2025.
This bill would repeal the repeal date of the CalVIP program, thereby extending the operation of those provisions indefinitely.

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.

This bill would make technical, nonsubstantive changes to this provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 14132 of the Penal Code is repealed.
14132.

This title shall remain in effect only until January 1, 2025, and as of that date is repealed.

SECTION 1.Section 851.86 of the Penal Code is amended to read:
851.86.

Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. If such an order is made, the court shall give the defendant a copy of that order and inform the defendant that they may thereafter state they were not arrested for that charge and that they were not convicted of that charge, and that they were found innocent of that charge by the court. The court shall also inform the defendant of the availability of indemnity for persons erroneously convicted pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and the time limitations for presenting those claims.