Bill Text: CA SB269 | 2019-2020 | Regular Session | Amended
Bill Title: Wrongful convictions.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 473, Statutes of 2019. [SB269 Detail]
Download: California-2019-SB269-Amended.html
Amended
IN
Assembly
September 03, 2019 |
Amended
IN
Assembly
July 10, 2019 |
Amended
IN
Assembly
July 01, 2019 |
Amended
IN
Senate
May 21, 2019 |
Introduced by Senators Bradford and Glazer (Coauthors: Senators Monning, Roth, and Wiener) |
February 12, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint, and requires the discharge of that person if no legal cause is shown for their imprisonment or restraint. Under existing law, if the district attorney or Attorney General either stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order are binding on the Attorney General, the factfinder, and the California Victim Compensation Board. Existing law also requires the express factual findings made by the court in considering a petition for habeas corpus, a motion to vacate judgment on the basis of newly discovered evidence relating to
misconduct by a government official, as specified, or an application for a certificate of factual innocence, to be binding on the Attorney General, the factfinder, and the board.
Existing law requires the board, if a conviction is set aside based upon a determination that the person was factually innocent of the charge, as provided, to calculate the compensation within 30 days of the presentation of the claim. Under existing law, if the evidence shows that the crime was either not committed at all, or if committed, was not committed by the claimant, and that the claimant has sustained injury through the erroneous conviction and imprisonment, the board is required to report the facts of the case and its conclusions to the next Legislature with a recommendation that the Legislature make an appropriation for the purpose
indemnifying the claimant, as specified.
This bill would also apply these requirements to cases in which a state or federal court has granted a writ of habeas corpus or a state court has granted a motion to vacate, as specified. The bill would authorize an additional appropriation to specified claimants.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1485.55 of the Penal Code is amended to read:1485.55.
(a) In a contested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment, and if the court has found that the person is factually innocent, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904.SEC. 2.
Section 4901 of the Penal Code is amended to read:4901.
(a) A claim under Section 4900, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of complaints in civil actions, is required to be presented by the claimant to the California Victim Compensation Board within a period of 10 years after judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later.SEC. 3.
Section 4903 of the Penal Code is amended to read:4903.
(a) Except as provided in Sections 851.865 and 1485.55, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact that the crime with which they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.If Section 851.865 or 1485.55 applies to a claim, or if the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, and that the claimant has sustained injury through their erroneous conviction and incarceration, the California Victim Compensation Board shall report the facts of the case and its conclusions to the next Legislature, with a recommendation that the Legislature make an appropriation for the purpose of indemnifying the claimant for the injury. The amount of the appropriation recommended shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served, and shall include any time spent in custody, including in a county
jail, that is considered to be part of the term of incarceration. For a person who, after serving a sentence in a California prison for which the person is entitled to compensation pursuant to this section, was released either on parole pursuant to Section 3000 or 3000.1 or supervised release pursuant to Section 3074, or was required to register pursuant to Section 290, the additional amount of appropriation recommended shall be a sum equivalent to seventy dollars ($70) per day during which the person suffered additional restrictions past the period of incarceration. All appropriation shall not be treated as gross income to the recipient under the Revenue and Taxation Code.