AB 1076 creates an automated record clearance system for low-level offenses
AB 484 ends a mandatory minimum for certain drug crimes
SB 22 speeds up rape kit processing on new cases, preventing future backlogs
AB 917 expedites the victim certification process for the purposes of obtaining T-Visas or U-Visas
SACRAMENTO – Governor Gavin Newsom Tuesday signed 25 bills aimed at setting a path to reform California’s criminal justice system. The bills include support for those reentering the community after serving their sentences, including creating a system to automatically expunge records of individuals previously convicted of low-level offenses, as well as reform unfair sentencing practices, and enhance support for victims of crime.
“I am signing more than two dozen bills that give hope to those that have earned a second chance in our communities, and also support victims of crime,” said Governor Newsom. “These bills show a new path to ensure our state moves closer toward a more equitable criminal justice system.”
One of the bills signed today is AB 1076 by Assemblymember Phil Ting (D-San Francisco), which will create an automated record clearance system for qualifying low-level offenses, so an individual’s records can be sealed in a more efficient manner, as is their right pursuant to California law. Under AB 1076, the California Department of Justice will establish the automated record clearance system for individuals arrested or convicted after January 1, 2021, and will replace the current one, in which individuals must petition directly to the court. The new system will exclude registered sex offenders and those with any pending criminal charges.
“People shouldn’t have to pay for their mistakes for the rest of their lives. A fresh start improves an individual’s chances of succeeding and reduces the likelihood of recidivism. Automating the record clearance process will enable former offenders to get back on their feet and lead productive lives,” said Assemblymember Ting. “Our economy and society pay the price when job-seeking workers are shut out.”
“Many Californians living with past criminal records have completed their sentences and paid their debts, yet still face thousands of legal prohibitions preventing eligibility for jobs, housing and many other keys to family stability and economic mobility,” said Lenore Anderson, president of Californians for Safety and Justice. “It’s time for meaningful rehabilitation. By signing this bill, Gov. Newsom is giving people living with old records long overdue relief and a real path to stability — and that is better for public safety and the economy. With this new law, California is emerging as a national leader in reintegration for families and strengthening communities.”
Other criminal justice related bills signed today include:
Release and Reentry
- AB 278 by Assemblymember Kevin McCarty (D-Sacramento) allows the California Conservation Corps to accept applicants who are on parole.
- AB 1261 by Assemblymember Reggie Jones-Sawyer (D-Los Angeles) eliminates the requirement for individuals convicted of a certain drug offense to register with local law enforcement.
- SB 310 by Senator Nancy Skinner (D-Berkeley) permits a person with a felony conviction to serve on a jury, unless they are on any form of supervision for a felony conviction, or are a registered sex offender.
- AB 1668 by Assemblymember Wendy Carrillo (D-Los Angeles) establishes the Education and Employment Reentry Program within the California Conservation Corps and authorizes the director to enroll formerly incarcerated individuals.
- AB 917 by Assemblymember Eloise Gómez Reyes (D-Grand Terrace) further expedites the victim certification process for immigrants, including when the victim is in removal proceedings, for the purposes of obtaining T-Visas or U-Visas.
- SB 22 by Senator Connie Leyva (D-Chino) requires law enforcement agencies to submit rape kits to a crime lab or other rapid turnaround DNA program within 20 days.
- SB 375 by Senator Maria Elena Durazo (D-Los Angeles) extends the deadline for victims of violent crimes to file an application for compensation from three years to seven years.
- AB 433 by Assemblymember James Ramos (D-Highland) requires a hearing in open court before early termination of probation, and for crime victims and their attorneys to be made aware of early termination of probation.
- AB 415 by Assemblymember Brian Maienschein (D-San Diego) authorizes the California Victim Compensation Board to compensate a crime victim for the costs of temporary housing for a pet and for any pet deposit that may be required for relocation.
- AB 629 by Assemblymember Christy Smith (D-Santa Clarita) authorizes the California Victim Compensation Board to provide compensation equal to loss of income or support to victims of human trafficking.
- AB 1394 by Assemblymember Tom Daly (D-Anaheim) eliminates the imposition of any fee charged by a superior court or probation department to an applicant who files a petition to seal juvenile court records.
- SB 394 by Senator Nancy Skinner (D-Berkeley) authorizes a court, in consultation with the prosecuting entity and the public defender, to create a pretrial diversion program for defendants who are primary caregivers of a child under 18 years of age.
- AB 965 by Assemblymember Mark Stone (D-Scotts Valley) authorizes the secretary of the Department of Corrections and Rehabilitation (CDCR) to allow persons eligible for youthful offender parole to obtain an earlier youth offender parole hearing by earning certain educational merit credits, subject to CDCR regulations.
- AB 1423 by Assemblymember Buffy Wicks (D-Oakland) establishes a process for juvenile offenders to request to return their case to juvenile court.
- AB 1454 by Assemblymember Reggie Jones-Sawyer (D-Los Angeles) increases the award amounts available through the Youth Reinvestment Grant Program and allows nonprofit organizations to apply for grants through the program.
- SB 136 by Senator Scott Wiener (D-San Francisco) removes the 1-year sentence enhancement that is applied to current sentences for each prior felony jail or prison term served.
- AB 484 by Assemblymember Reggie Jones-Sawyer (D-Los Angeles) removes a mandatory minimum sentence for certain drug crimes, allowing for judicial discretion in imposing any period of confinement.
- SB 36 by Senator Robert Hertzberg (D-Van Nuys) improves transparency for pretrial risk assessments by requiring regular validation of assessment tools and requiring the Judicial Council to publish a yearly report on its website with data related to outcomes and potential biases.
- AB 1618 by Assemblymember Reggie Jones-Sawyer (D-Los Angeles) prohibits plea bargains that require a defendant to generally waive unknown future potential benefits of changes in the law that may occur after the date of the plea.
- AB 1331 by Assemblymember Rob Bonta (D-Alameda) addresses data gaps and improves access to criminal justice data by establishing reporting requirements across the system and clarifying existing law regarding access.
- AB 45 by Assemblymember Mark Stone (D-Scotts Valley) prohibits CDCR and city and county jails from charging inmates a co-pay for medical visits.
- SB 399 by Senator Toni Atkins (D-San Diego) requires the appointment of two members of the Commission on Peace Officer Standards and Training who are not peace officers and have expertise in implicit and explicit biases, cultural competency, mental health and policing or work with vulnerable populations.
- AB 1215 by Assemblymember Phil Ting (D-San Francisco) prohibits law enforcement from installing, activating, or using a facial recognition system in connection with a law enforcement agency’s body-worn camera.
- AB 1600 by Assemblymember Ash Kalra (D-San Jose) shortens the notice requirement in criminal cases when a defendant files a motion to discover police officer misconduct from 16 days to 10 days.
Other criminal justice items the Governor undertook this year included an Executive Order halting executions in California, which he announced in March.
He also announced earlier this year that the California Department of Corrections and Rehabilitation’s Division of Juvenile Justice would shift to the Health and Human Services Agency beginning July 1, 2020.