BlackletterCalifornia law

Penal Code § 851.865

CHAPTER 5. Arrest, by Whom and How Made

Current as of September 28, 2026Pen. Code, § 851.865Official source ↗

Amended by Stats. 2023, Ch. 702, Sec. 1. (SB 78) Effective January 1, 2024.

(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.