California Senate Bill 731
Session 20212022
Criminal records: relief.
Became Law
Became Law on Sep 29, 2022
Sponsors
2 Sponsors
María Elena Durazo
Steven Bradford
First Action
Feb 19, 2021
Latest Action
Sep 29, 2022
Origin Chamber
Senate
Type
Bill
Bill Number
731
State
California
Session
20212022
María Elena Durazo
grade
Author
Steven Bradford
grade
Author
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
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Coauthor
Motion Text
Unfinished Business SB731 Durazo et al. Concurrence
Senate Roll Call Votes
Yes
Yes
Dahle
No
Yes
Yes
Gonzalez
Yes
Yes
Yes
Yes
Other
Yes
Other
Yes
Rubio
Yes
Summary
(1) Existing law establishes the Commission on Teacher Credentialing to, among other things, issue teaching and services credentials. Existing law requires the commission to appoint a Committee of Credentials and requires allegations of acts or omissions for which adverse action may be taken against applicants or holders of teaching or services credentials to be reported to the committee, including conviction for a controlled substance offense, as defined. Existing law requires the commission to deny an application for the issuance of a credential or the renewal of a credential for a person who has been convicted of a controlled substance offense.
This bill would prohibit the record of a conviction for possession of specified controlled substances that is more than 5 years old and for which relief was granted from being presented to the committee or from being used to deny a credential.
(2) Existing law authorizes a defendant who was sentenced to a county jail for the commission of a felony and who has met specified criteria to petition to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty after the completion of their sentence, as specified. Existing law requires the court to dismiss the accusations or information against the defendant and release them from all penalties and disabilities resulting from the offense, except as specified.
This bill would make this relief available to a defendant who has been convicted of a felony, as long as that conviction does not require registration as a sex offender.
Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for records of arrest relief without requiring the filing of a petition or motion. Under existing law, a person is eligible for arrest record relief if they were arrested on or after January 1, 1973, and the arrest was for a misdemeanor and the charge was dismissed or criminal proceedings have not been initiated within one year after the arrest, or the arrest was for a felony punishable in the county jail and criminal proceedings have not been initiated within 3 years after the date of the arrest.
This bill would, commencing July 1, 2023, generally make this arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified.
Existing law, commencing January 1, 2022, and subject to appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if, on or after January 1, 1973, they were sentenced to probation, and completed it without revocation, or if they were convicted of an infraction or a misdemeanor, and other criteria are met, as specified.
The bill, commencing July 1, 2023, would additionally make this conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified. The bill would specify that conviction record relief does not release the defendant from the terms and conditions of unexpired criminal protective orders.
This bill would state that conviction record relief does not affect the authority to receive, or take adverse action based on, criminal history information for purposes of teacher credentialing or employment in public education, as specified. The bill would prohibit disclosure of information relating to a conviction for possession of specified controlled substances when the conviction is more than 5 years old and when relief has been granted under these provisions.
(3) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the department to provide the Commission on Teacher Credentialing with every conviction rendered against an applicant, retroactive to January 1, 2020, regardless of relief granted. Existing law makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it.
This bill would require the department to also provide that information to school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with any of those entities. The bill would prohibit the department from disseminating information for a conviction for possession of specified controlled substances if that conviction is more than 5 years old and relief has been granted. By expanding the scope of a crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
02/19/21 - Introduced
February 19, 2021
03/03/21 - Amended Senate
March 3, 2021
04/05/21 - Amended Senate
April 5, 2021
04/20/21 - Amended Senate
April 20, 2021
05/20/21 - Amended Senate
May 20, 2021
06/23/21 - Amended Assembly
June 23, 2021
08/30/21 - Amended Assembly
August 30, 2021
09/02/21 - Amended Assembly
September 2, 2021
06/23/22 - Amended Assembly
June 23, 2022
08/22/22 - Enrolled
August 22, 2022
09/29/22 - Chaptered
September 29, 2022
04/08/21- Senate Public Safety
April 8, 2021
04/30/21- Senate Appropriations
April 30, 2021
05/20/21- Senate Appropriations
May 20, 2021
05/25/21- Sen. Floor Analyses
May 25, 2021
06/28/21- Assembly Public Safety
June 28, 2021
08/16/21- Assembly Appropriations
August 16, 2021
08/31/21- ASSEMBLY FLOOR ANALYSIS
August 31, 2021
09/02/21- ASSEMBLY FLOOR ANALYSIS
September 2, 2021
09/10/21- Sen. Floor Analyses
September 10, 2021
06/24/22- ASSEMBLY FLOOR ANALYSIS
June 24, 2022
07/28/22- Sen. Floor Analyses
July 28, 2022
Sort by most recent
09/29/2022
California State Legislature
Chaptered by Secretary of State. Chapter 814, Statutes of 2022.
09/29/2022
California State Legislature
Approved by the Governor.
08/26/2022
California State Legislature
Enrolled and presented to the Governor at 2 p.m.
08/18/2022
Senate
Assembly amendments concurred in. (Ayes 28. Noes 10. Page 4897.) Ordered to engrossing and enrolling.
06/30/2022
Senate
In Senate. Concurrence in Assembly amendments pending.
06/29/2022
Assembly
Read third time. Passed. (Ayes 46. Noes 22. Page 5627.) Ordered to the Senate.
06/23/2022
Assembly
Ordered to third reading.
06/23/2022
Assembly
Read third time and amended. (Ayes 49. Noes 17. Page 5509.)
06/21/2022
Assembly
Ordered to third reading.
06/21/2022
Assembly
From inactive file.
06/20/2022
Assembly
Notice of intention to remove from inactive file given by Assembly Member Ting.
04/07/2022
Assembly
Ordered to inactive file on request of Assembly Member Reyes.
04/07/2022
Assembly
Reconsideration granted.
09/10/2021
Assembly
Motion to reconsider made by Assembly Member Ting.
09/10/2021
Senate
Read third time. Refused passage. (Ayes 35. Noes 28. Page 3166.)
09/02/2021
Assembly
Ordered to third reading.
09/02/2021
Assembly
Read third time and amended.
08/31/2021
Assembly
Read second time. Ordered to third reading.
08/30/2021
Assembly
Read second time and amended. Ordered to second reading.
08/26/2021
Assembly
From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).
08/19/2021
Assembly
August 19 set for first hearing. Placed on suspense file.
06/30/2021
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29). Re-referred to Com. on APPR.
06/23/2021
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
06/10/2021
Assembly
Referred to Com. on PUB. S.
06/02/2021
Assembly
In Assembly. Read first time. Held at Desk.
06/02/2021
Senate
Read third time. Passed. (Ayes 30. Noes 7. Page 1378.) Ordered to the Assembly.
05/24/2021
Senate
Read second time. Ordered to third reading.
05/20/2021
Senate
Read second time and amended. Ordered to second reading.
05/20/2021
Senate
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1202.) (May 20).
05/14/2021
Senate
Set for hearing May 20.
05/04/2021
Senate
May 3 hearing: Placed on APPR suspense file.
04/20/2021
Senate
Read second time and amended. Re-referred to Com. on APPR.
04/19/2021
Senate
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 778.) (April 13).
04/05/2021
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
03/26/2021
Senate
Set for hearing April 13.
03/26/2021
Senate
April 6 hearing postponed by committee.
03/12/2021
Senate
Set for hearing April 6.
03/11/2021
Senate
Re-referred to Com. on PUB. S.
03/03/2021
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
03/03/2021
Senate
Referred to Com. on RLS.
02/22/2021
Senate
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
02/22/2021
Senate
(Ayes 32. Noes 4.)
02/22/2021
Senate
Art. IV. Sec. 8(a) of the Constitution dispensed with.
02/22/2021
Senate
Read first time.
02/22/2021
Senate
From printer. May be acted upon on or after March 24.
02/19/2021
Senate
Introduced. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 20, 2021 6:04:06 AM
Record Updated
Oct 25, 2022 12:25:31 PM