republic-os/legislation/us/states/ca/20212022/sb-446.md

---
type: "Bill"
title: "Factual innocence."
description: "Existing law authorizes a person who has been convicted and incarcerated for a felony and later pardoned on the basis of innocence or found to be factually innocent of that crime, as specified, to present a claim against the state to the California Victim Compensation Board for the pecuniary injury sustained by the person through the erroneous conviction and incarceration. Existing law requires the board to recommend to the Legislature that an appropriation be made and the claim paid if a court has made a finding that the person is factually innocent or if the person proves to the board that they are factually innocent. Existing law specifies that there is no presumption in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to these provisions. Existing law establishes the process and timeframes for the Attorney General to respond to a claim and for the board to set a hearing and make a recommendation on the claim. Under existing law, the person is considered factually innocent if the crime with which they were charged was either not committed at all, or if committed, was not committed by that person."
jurisdiction: "us/states/ca"
legislature: "California Legislature"
session: "20212022"
identifier: "SB 446"
citation: "California SB 446 (20212022)"
classification: ["bill"]
subjects: ["Factual innocence."]
status: "enacted"
primary_sponsors: ["Glazer"]
version_count: 8
action_count: 31
vote_count: 8
first_action: "2021-02-16"
last_action: "2021-10-04"
source: "openstates"
source_identifier: "ocd-bill/b66130fe-3f70-49b3-b64c-fc438d6aa403"
source_url: "http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB446"
source_hash: "8c7baaa7f52090891a3d0ce431a0797e3edd82a0879d60c91bb76dee500287ef"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-ca"]
---

# California SB 446 (20212022) — Factual innocence.

Existing law authorizes a person who has been convicted and incarcerated for a felony and later pardoned on the basis of innocence or found to be factually innocent of that crime, as specified, to present a claim against the state to the California Victim Compensation Board for the pecuniary injury sustained by the person through the erroneous conviction and incarceration. Existing law requires the board to recommend to the Legislature that an appropriation be made and the claim paid if a court has made a finding that the person is factually innocent or if the person proves to the board that they are factually innocent. Existing law specifies that there is no presumption in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to these provisions. Existing law establishes the process and timeframes for the Attorney General to respond to a claim and for the board to set a hearing and make a recommendation on the claim. Under existing law, the person is considered factually innocent if the crime with which they were charged was either not committed at all, or if committed, was not committed by that person.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **02/16/21 - Introduced** (filed) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220SB446&version=20210SB44699INT)
2. **03/16/21 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220SB446&version=20210SB44698AMD)
3. **03/23/21 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220SB446&version=20210SB44697AMD)
4. **05/20/21 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220SB446&version=20210SB44696AMD)
5. **06/23/21 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220SB446&version=20210SB44695AMD)
6. **10/04/21 - Chaptered** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220SB446&version=20210SB44693CHP)
7. **SB446** (committee substitute) — [source](http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB446)
8. **09/07/21 - Enrolled** (enrolled) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220SB446&version=20210SB44694ENR)

## Votes

- SB 446 Glazer Senate Third Reading By Santiago — **75–0** (pass) · lower
- Placed on suspense file — **7–0** (pass) · upper
- Do pass as amended — **7–0** (pass) · upper
- Do pass. — **16–0** (pass) · lower
- Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar — **8–0** (pass) · lower
- 3rd Reading SB446 Glazer et al. — **39–0** (pass) · upper
- Unfinished Business SB446 Glazer et al. Concurrence — **38–0** (pass) · upper
- Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar — **5–0** (pass) · upper

## Sponsors

- Glazer — primary (person)
- Archuleta — coauthor (person)
- Bauer-Kahan — coauthor (person)
- Becker — author (person)
- Chen — coauthor (person)
- Cristina Garcia — coauthor (person)
- Gipson — coauthor (person)
- Grove — coauthor (person)
- Hueso — coauthor (person)
- Santiago — coauthor (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2021-02-16** Introduced. Read first time. To Com. on RLS. for assignment. To print. `introduction, reading-1`
- **2021-02-17** From printer. May be acted upon on or after March 19.
- **2021-02-22** Art. IV. Sec. 8(a) of the Constitution dispensed with.
- **2021-02-22** (Ayes 32. Noes 4.)
- **2021-02-22** Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
- **2021-02-25** Referred to Com. on PUB. S. `referral-committee`
- **2021-03-03** Set for hearing April 6.
- **2021-03-16** 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`
- **2021-03-23** 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`
- **2021-04-06** From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 689.) (April 6). Re-referred to Com. on APPR. `committee-passage, committee-passage-favorable, referral-committee`
- **2021-04-08** Set for hearing April 19.
- **2021-04-20** April 19 hearing: Placed on APPR suspense file.
- **2021-05-14** Set for hearing May 20.
- **2021-05-20** From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1191.) (May 20). `amendment-passage, committee-passage, committee-passage-favorable`
- **2021-05-20** Read second time and amended. Ordered to second reading. `amendment-passage, reading-1, reading-2`
- **2021-05-24** Read second time. Ordered to third reading. `reading-1, reading-2`
- **2021-06-03** Read third time. Passed. (Ayes 39. Noes 0. Page 1418.) Ordered to the Assembly. `passage, reading-1, reading-3`
- **2021-06-03** In Assembly. Read first time. Held at Desk. `reading-1`
- **2021-06-10** Referred to Com. on PUB. S. `referral-committee`
- **2021-06-23** 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`
- **2021-07-14** From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (July 13). Re-referred to Com. on APPR. `committee-passage, committee-passage-favorable, referral-committee`
- **2021-08-19** August 19 set for first hearing. Placed on suspense file.
- **2021-08-26** Coauthors revised.
- **2021-08-26** From committee: Do pass. (Ayes 16. Noes 0.) (August 26). `committee-passage, committee-passage-favorable`
- **2021-08-30** Read second time. Ordered to third reading. `reading-1, reading-2`
- **2021-09-02** Read third time. Passed. (Ayes 75. Noes 0. Page 2690.) Ordered to the Senate. `passage, reading-1, reading-3`
- **2021-09-02** In Senate. Concurrence in Assembly amendments pending.
- **2021-09-03** Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2386.) Ordered to engrossing and enrolling. `amendment-passage, committee-passage-favorable`
- **2021-09-09** Enrolled and presented to the Governor at 1 p.m.
- **2021-10-04** Approved by the Governor. `executive-signature`
- **2021-10-04** Chaptered by Secretary of State. Chapter 490, Statutes of 2021. `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/b66130fe-3f70-49b3-b64c-fc438d6aa403`. Confidence: reported (aggregated from official California legislature records).