Bill Text: CA AB945 | 2023-2024 | Regular Session | Enrolled

California Assembly Bill 945

Bill Title: Criminal procedure: expungement of records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB945 Detail]

Download: California-2023-AB945-Enrolled.html

Enrolled September 18, 2023

Passed IN Senate September 13, 2023

Passed IN Assembly September 14, 2023

Amended IN Senate September 08, 2023

Amended IN Senate September 01, 2023

Amended IN Senate June 29, 2023

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 945

Introduced by Assembly Member Reyes

February 14, 2023

An act to add and repeal Section 1203.46 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

AB 945, Reyes. Criminal procedure: expungement of records.

Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated as a member of a county incarcerated individual hand crew, or participated at an institutional firehouse, except as specified, to petition the court to have the pleading dismissed, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided.

This bill would require, beginning May 1, 2026, and every other year thereafter, each superior court to report to the Judicial Council specified data regarding petitions seeking relief pursuant to the above-described provisions. The bill would require the Judicial Council to report the statewide data regarding these petitions beginning June 1, 2026, and every other year thereafter. The bill would repeal these provisions on January 1, 2036.

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

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

SECTION 1.

Section 1203.46 is added to the Penal Code, to read:

1203.46.

(a) On or before May 1, 2026, and on or before May 1 of every other year thereafter, each superior court shall report the following information to the Judicial Council regarding petitions filed pursuant to Section 1203.4b:

(1) The number of petitions filed requesting relief pursuant to Section 1203.4b.

(2) The date a petition was filed.

(3) The date a decision was issued for the petition.

(4) The number of petitions granted.

(5) The number of petitions denied.

(6) The number of pending petitions at the time of the report to the Judicial Council.

(7) Whether the petition was filed by a public defender’s office, defense counsel, nonprofit organization, or a self-represented defendant.

(b) On or before June 1, 2026, and on or before June 1 of every other year thereafter, the Judicial Council shall compile the data received from each superior court and submit a report to the Legislature containing the statewide data for each of the categories of information requested in subdivision (a). The report shall be submitted in compliance with Section 9795 of the Government Code.