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 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 762, as introduced, Wicks. Factual innocence.
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: NO   Local Program: NO  

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


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 he or she they may thereafter state he or she was they were not arrested for that charge and that he or she was they were not convicted of that charge, and that he or she was 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.