{"code":"PEN","codeName":"Penal Code","section":"851.865","citation":"Pen. Code, § 851.865","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]","url":"https://blackletter.si/penal-code/part-2"},{"name":"TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777. - 883.]","url":"https://blackletter.si/penal-code/part-2/title-3"},{"name":"CHAPTER 5. Arrest, by Whom and How Made [833. - 851.93.]","url":"https://blackletter.si/penal-code/part-2/title-3/chapter-5"}],"history":"Amended by Stats. 2023, Ch. 702, Sec. 1.   (SB 78)   Effective January 1, 2024.","effective":"2024-01-01","html":"<p>(a) If a person has secured a declaration of factual innocence from the court pursuant to Section <a href=\"/pen/851.8\">851.8</a> or <a href=\"/pen/851.86\">851.86</a>, the finding shall be binding on the California Victim Compensation Board for a claim presented to the board pursuant to Section <a href=\"/pen/4900\">4900</a>. Upon application by the person, the California Victim Compensation Board shall, without a hearing, approve payment to the claimant pursuant to Section <a href=\"/pen/4904\">4904</a>, if sufficient funds are available, upon appropriation by the Legislature.</p><p>(b) If the declaration of factual innocence is granted pursuant to a stipulation of the prosecutor, upon application by the person, the board shall, without a hearing, approve payment pursuant to Section <a href=\"/pen/4904\">4904</a>, if sufficient funds are available, upon appropriation by the Legislature.</p>","text":"(a) If a person has secured a declaration of factual innocence from the court pursuant to Section 851.8 or 851.86, the finding shall be binding on the California Victim Compensation Board for a claim presented to the board pursuant to Section 4900. Upon application by the person, the California Victim Compensation Board shall, without a hearing, approve payment to the claimant pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature. (b) If the declaration of factual innocence is granted pursuant to a stipulation of the prosecutor, upon application by the person, the board shall, without a hearing, approve payment pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.","otherVersions":[],"url":"https://blackletter.si/penal-code/arrest-by-whom-and-how-made-851-865","source":"California Legislative Information bulk export (pubinfo)"}