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SB-843 Factual innocence.(2023-2024)

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Date Published: 03/29/2023 09:00 PM
SB843:v98#DOCUMENT

Amended  IN  Senate  March 29, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 843

Introduced by Senator Glazer

February 17, 2023

An act to amend Section 187 of Sections 851.86, 1485.55, and 13102 of, and to add Sections 11105.55 and 13151.5 to, the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


SB 843, as amended, Glazer. Crimes: murder. 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. 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, annotate the person’s state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. 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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law creates an exemption for a person who commits an act that results in the death of a fetus under specific circumstances, including if the act is solicited, aided, abetted, or consented to by the mother of the fetus.

This bill would expand that exemption to include a mother who sought, arranged, or agreed to the act that resulted in the death of the fetus.

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

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 may thereafter state he or she was not arrested for that charge and that he or she was not convicted of that charge, and that he or she was 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. The court shall report the finding of innocence to the Department of Justice, utilizing existing reporting methods prescribed by the department, and shall issue both of the following:
(a) An order entitling the defendant, upon application to the Department of Justice, to the relief available pursuant to Section 13151.5, and, upon proof by the defendant, specifying the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction. A person granted relief under this section prior to January 1, 2024, may bring a motion for the relief available under this subdivision and for the relief available pursuant to Section 13151.5. The court shall provide the Department of Justice with any order issued under this subdivision utilizing existing reporting methods prescribed by the department.
(b) Upon written or oral motion of a party in the case or the court, and with notice to all parties to the case, an order that the records in the case be sealed, including any record of arrest or detention. 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.

SEC. 2.

 Section 1485.55 of the Penal Code is amended to read:

1485.55.
 (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment, and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. A person granted relief under this subdivision on or after January 1, 2014, is entitled, upon application to the Department of Justice, to the relief available pursuant to Section 13151.5.
(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner. If the court makes a finding of factual innocence under this subdivision, it shall also issue an order entitling the defendant, upon application to the Department of Justice, to the relief available pursuant to Section 13151.5, including, subject to proof by the defendant, the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction. The court shall provide the Department of Justice with any order issued under this subdivision utilizing existing reporting methods prescribed by the department.
(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904. A person granted relief under this subdivision prior to January 1, 2024, is entitled, upon application to the Department of Justice, to the relief available pursuant to Section 13151.5.
(d) A presumption does not exist An inference shall not be drawn in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions subdivision (a) and or (b). No A res judicata or collateral estoppel finding in any other proceeding shall not be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.
(e) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904. A person granted relief under this subdivision on or after January 1, 2014, is entitled, upon application to the Department of Justice, to the relief available pursuant to Section 13151.5.
(f) For the purposes of this section, unless otherwise stated, “court” is defined as a state or federal court.

SEC. 3.

 Section 11105.55 is added to the Penal Code, to read:

11105.55.
 If the Department of Justice receives notice that a person has received a finding of innocence from a state or federal court, or of an award or recommendation of compensation for erroneous conviction from the California Victim Compensation Board, it shall send notice of that fact to all officers and agencies that it had previously notified of the arrest or other proceedings against the person.

SEC. 4.

 Section 13102 of the Penal Code is amended to read:

13102.
 (a) As used in this chapter, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.

Such

(b) Criminal offender record information shall be restricted to that which is recorded as the result of an arrest, detention, or other initiation of criminal proceedings or of any consequent proceedings related thereto. It shall be understood to include, where appropriate, such items for each person arrested as the following:

(a)

(1) Personal indentification. identification.

(b)

(2) The fact, date, and arrest charge; whether the individual was subsequently released and, if so, by what authority and upon what terms.

(c)

(3) The fact, date, and results of any pretrial proceedings.

(d)

(4) The fact, date, and results of any trial or proceeding, including any sentence or penalty.

(e)

(5) The fact, date, and results of any direct or collateral review of that trial or proceeding; the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates.

(f)

(6) The fact, date, and results of any release proceedings.

(g)

(7) The fact, date, and authority of any act of pardon or clemency.

(h)

(8) The fact and date of any formal termination to the criminal justice process as to that charge or conviction.

(i)

(9) The fact, date, and results of any proceeding revoking probation or parole.
(10) The fact and date of an annotation required under paragraph (2) of subdivision (c) of Section 13151.5.

It

(c) Criminal offender record information shall not include intelligence, analytical, and investigative reports and files, nor statistical records and reports in which individuals are not identified and from which their identities are not ascertainable.

SEC. 5.

 Section 13151.5 is added to the Penal Code, to read:

13151.5.
 (a) A person who has received an order granting relief pursuant to Section 851.86 or 1485.55, a federal court order containing a finding of factual innocence, or an award or recommendation by the California Victim Compensation Board of compensation for erroneous conviction, may file an application with the Department of Justice for a certificate and an annotation to their criminal offender record information. The application shall include a certified copy of the order granting relief to the claimant pursuant to Section 851.86 or 1485.55, the federal court order containing a finding of the claimant’s factual innocence, or the order by the California Victim Compensation Board awarding or recommending compensation to the claimant for erroneous conviction.
(b) The Department of Justice shall prescribe and furnish the procedures and forms to be used for the application described in subdivision (a).
(c) When the Department of Justice receives an application and supporting materials pursuant to subdivision (a), it shall, within six weeks, do all of the following:
(1) Issue to the claimant a certificate on Department of Justice letterhead, signed by or on behalf of the Attorney General, stating the claimant’s name, the charge set forth in the original and any amended accusatory pleading that resulted in the former conviction, the fact and date of the former conviction, and that either a court has found that the claimant did not commit the crime underlying the former conviction or the California Victim Compensation Board has awarded compensation to the claimant for erroneous conviction. If the application includes a certified order with findings on the number of days that the claimant was incarcerated, placed on parole or community supervision, or required to register as a sex offender solely as a result of the former conviction, these day counts shall also be included in the certificate.
(2) Annotate the claimant’s state summary criminal history information to state, directly next to or below the entry regarding the former conviction, that either a court has found that the claimant did not commit the crime underlying the former conviction or the California Victim Compensation Board has awarded compensation to the claimant for erroneous conviction.
(3) Request that the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue, as well as any local, state, or federal agency or entity to which the Department of Justice has provided criminal offender record information regarding the claimant, annotate its records to state that either a court has found that the claimant did not commit the crime underlying the former conviction or the California Victim Compensation Board has awarded compensation to the claimant for erroneous conviction. Each state or local agency or entity within the State of California receiving such a request shall annotate its records accordingly.
(d) A state or local agency or entity with the State of California that receives notice from the Department of Justice pursuant to paragraph (3) of subdivision (c), including the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue, shall, within two weeks, do both of the following:
(1) Annotate the local summary criminal history information for the claimant to state, directly next to or below the entry or entries regarding the former conviction, that either a court has found that the claimant did not commit the crime underlying the former conviction or the California Victim Compensation Board has awarded compensation to the claimant for erroneous conviction.
(2) Request that a local, state, or federal agency or entity to which the law enforcement agency has provided criminal offender record information regarding the claimant annotate its records to state that either a court has found that the claimant did not commit the crime underlying the former conviction or the California Victim Compensation Board has awarded compensation to the claimant for erroneous conviction. Each state or local agency or entity within the State of California receiving such a request shall annotate its records accordingly.

SEC. 6.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 187 of the Penal Code is amended to read:
187.

(a)Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

(b)This section shall not apply to a person who commits an act that results in the death of a fetus if any of the following apply:

(1)The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.

(2)The act was committed by a holder of a physician’s and surgeon’s certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where the mother’s death from childbirth, although not medically certain, would be substantially certain or more likely than not.

(3)The act was solicited, sought, arranged, aided, abetted, or agreed to by the mother of the fetus.

(c)Subdivision (b) shall not be construed to prohibit the prosecution of a person under any other provision of law.