SB 731

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 19, 2021
  • Passed Senate Jun 02, 2021
  • Passed Assembly Jun 29, 2022
  • Governor

Criminal records: relief.

Abstract

(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 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.

Bill Sponsors (15)

Votes


Actions


Jun 30, 2022

Senate

In Senate. Concurrence in Assembly amendments pending.

Jun 29, 2022

Assembly

Read third time. Passed. Ordered to the Senate.

Jun 23, 2022

Assembly

Ordered to third reading.

Assembly

Read third time and amended. (Ayes 49. Noes 17.)

Jun 21, 2022

Assembly

From inactive file.

Assembly

Ordered to third reading.

Jun 20, 2022

Assembly

Notice of intention to remove from inactive file given by Assembly Member Ting.

Apr 07, 2022

Assembly

Ordered to inactive file on request of Assembly Member Reyes.

Assembly

Reconsideration granted.

Sep 10, 2021

Assembly

Motion to reconsider made by Assembly Member Ting.

Senate

Read third time. Refused passage. (Ayes 35. Noes 28. Page 3166.)

Sep 02, 2021

Assembly

Read third time and amended.

Assembly

Ordered to third reading.

Aug 31, 2021

Assembly

Read second time. Ordered to third reading.

Aug 30, 2021

Assembly

Read second time and amended. Ordered to second reading.

Aug 26, 2021

Assembly

From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).

Aug 19, 2021

Assembly

August 19 set for first hearing. Placed on suspense file.

Jun 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.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 23, 2021

Assembly

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

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB. S.

Jun 10, 2021

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Jun 02, 2021

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 30. Noes 7. Page 1378.) Ordered to the Assembly.

May 24, 2021

Senate

Read second time. Ordered to third reading.

May 20, 2021

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1202.) (May 20).

May 14, 2021

Senate

Set for hearing May 20.

May 04, 2021

Senate

May 3 hearing: Placed on APPR suspense file.

Apr 20, 2021

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Apr 19, 2021

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 778.) (April 13).

Apr 05, 2021

Senate

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

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB. S.

Mar 26, 2021

Senate

Set for hearing April 13.

Senate

April 6 hearing postponed by committee.

Mar 12, 2021

Senate

Set for hearing April 6.

Mar 11, 2021

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 03, 2021

Senate

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

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 22, 2021

Senate

From printer. May be acted upon on or after March 24.

Senate

Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

Senate

(Ayes 32. Noes 4.)

Senate

Art. IV. Sec. 8(a) of the Constitution dispensed with.

Senate

Read first time.

Feb 19, 2021

Senate

Introduced. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB731 HTML
02/19/21 - Introduced PDF
03/03/21 - Amended Senate PDF
04/05/21 - Amended Senate PDF
04/20/21 - Amended Senate PDF
05/20/21 - Amended Senate PDF
06/23/21 - Amended Assembly PDF
08/30/21 - Amended Assembly PDF
09/02/21 - Amended Assembly PDF
06/23/22 - Amended Assembly PDF

Related Documents

Document Format
04/08/21- Senate Public Safety PDF
04/30/21- Senate Appropriations PDF
05/20/21- Senate Appropriations PDF
05/25/21- Sen. Floor Analyses PDF
06/28/21- Assembly Public Safety PDF
08/16/21- Assembly Appropriations PDF
08/31/21- ASSEMBLY FLOOR ANALYSIS PDF
09/02/21- ASSEMBLY FLOOR ANALYSIS PDF
09/10/21- Sen. Floor Analyses PDF
06/24/22- ASSEMBLY FLOOR ANALYSIS PDF
07/28/22- Sen. Floor Analyses PDF

Sources

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