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| 1 | + | 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 20232024 REGULAR SESSION Assembly Bill No. 945Introduced by Assembly Member ReyesFebruary 14, 2023An act to add and repeal Section 1203.46 of the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTAB 945, as amended, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 department. Judicial Council.(7) Whether the petition was filed by a public defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | 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 20232024 REGULAR SESSION Assembly Bill No. 945Introduced by Assembly Member ReyesFebruary 14, 2023An act to add and repeal Section 1203.46 of the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTAB 945, as amended, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate September 08, 2023 Amended IN Senate September 01, 2023 Amended IN Senate June 29, 2023 Amended IN Assembly March 16, 2023 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 18, 2023 | |
| 8 | - | Passed IN Senate September 13, 2023 | |
| 9 | - | Passed IN Assembly September 14, 2023 | |
| 10 | 7 | Amended IN Senate September 08, 2023 | |
| 11 | 8 | Amended IN Senate September 01, 2023 | |
| 12 | 9 | Amended IN Senate June 29, 2023 | |
| 13 | 10 | Amended IN Assembly March 16, 2023 | |
| 14 | 11 | ||
| 15 | 12 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 16 | 13 | ||
| 17 | 14 | Assembly Bill | |
| 18 | 15 | ||
| 19 | 16 | No. 945 | |
| 20 | 17 | ||
| 21 | 18 | Introduced by Assembly Member ReyesFebruary 14, 2023 | |
| 22 | 19 | ||
| 23 | 20 | Introduced by Assembly Member Reyes | |
| 24 | 21 | February 14, 2023 | |
| 25 | 22 | ||
| 26 | 23 | An act to add and repeal Section 1203.46 of the Penal Code, relating to criminal procedure. | |
| 27 | 24 | ||
| 28 | 25 | LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 26 | ||
| 30 | 27 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 31 | 28 | ||
| 32 | - | AB 945, Reyes. Criminal procedure: expungement of records. | |
| 29 | + | AB 945, as amended, Reyes. Criminal procedure: expungement of records. | |
| 33 | 30 | ||
| 34 | 31 | 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. | |
| 35 | 32 | ||
| 36 | 33 | 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. | |
| 37 | 34 | ||
| 38 | 35 | 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. | |
| 39 | 36 | ||
| 40 | 37 | ## Digest Key | |
| 41 | 38 | ||
| 42 | 39 | ## Bill Text | |
| 43 | 40 | ||
| 44 | - | 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 defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 41 | + | 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 department. Judicial Council.(7) Whether the petition was filed by a public defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 45 | 42 | ||
| 46 | 43 | The people of the State of California do enact as follows: | |
| 47 | 44 | ||
| 48 | 45 | ## The people of the State of California do enact as follows: | |
| 49 | 46 | ||
| 50 | - | 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 defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 47 | + | 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 department. Judicial Council.(7) Whether the petition was filed by a public defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 51 | 48 | ||
| 52 | 49 | SECTION 1. Section 1203.46 is added to the Penal Code, to read: | |
| 53 | 50 | ||
| 54 | 51 | ### SECTION 1. | |
| 55 | 52 | ||
| 56 | - | 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 defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 53 | + | 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 department. Judicial Council.(7) Whether the petition was filed by a public defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 57 | 54 | ||
| 58 | - | 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 defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 55 | + | 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 department. Judicial Council.(7) Whether the petition was filed by a public defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 59 | 56 | ||
| 60 | - | 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 defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 57 | + | 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 department. Judicial Council.(7) Whether the petition was filed by a public defenders 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.(c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. | |
| 61 | 58 | ||
| 62 | 59 | ||
| 63 | 60 | ||
| 64 | 61 | 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: | |
| 65 | 62 | ||
| 66 | 63 | (1) The number of petitions filed requesting relief pursuant to Section 1203.4b. | |
| 67 | 64 | ||
| 68 | 65 | (2) The date a petition was filed. | |
| 69 | 66 | ||
| 70 | 67 | (3) The date a decision was issued for the petition. | |
| 71 | 68 | ||
| 72 | 69 | (4) The number of petitions granted. | |
| 73 | 70 | ||
| 74 | 71 | (5) The number of petitions denied. | |
| 75 | 72 | ||
| 76 | - | (6) The number of pending petitions at the time of the report to the Judicial Council. | |
| 73 | + | (6) The number of pending petitions at the time of the report to the department. Judicial Council. | |
| 77 | 74 | ||
| 78 | 75 | (7) Whether the petition was filed by a public defenders office, defense counsel, nonprofit organization, or a self-represented defendant. | |
| 79 | 76 | ||
| 80 | 77 | (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. | |
| 81 | 78 | ||
| 82 | 79 | (c) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. |