CA SB 1430

Title: Factual innocence.
Author: Steven M. Glazer

Summary
SB 1430, as amended, Glazer. 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 and annotate the person’s state summary criminal history information. 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.

Status
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

Bill Documents
CA SB 1430 - 04/24/24 - Amended Senate
04/24/24 - CA SB 1430 (04/24/24 - Amended Senate)