Bill Text: CA AB672 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 672 (Prior Session Legislation)

Bill Title: Inmates: wrongful convictions: assistance upon release.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-01 - Chaptered by Secretary of State - Chapter 403, Statutes of 2015. [AB672 Detail]

Download: California-2015-AB672-Chaptered.html

BILL NUMBER: AB 672	CHAPTERED
	BILL TEXT

	CHAPTER  403
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2015
	APPROVED BY GOVERNOR  OCTOBER 1, 2015
	PASSED THE SENATE  SEPTEMBER 10, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2015
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  SEPTEMBER 1, 2015
	AMENDED IN ASSEMBLY  JUNE 1, 2015

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 25, 2015

   An act to amend Section 3007.05 of the Penal Code, and to add
Section 14903 to the Vehicle Code, relating to inmates.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 672, Jones-Sawyer. Inmates: wrongful convictions: assistance
upon release.
   Existing law requires the Department of Corrections and
Rehabilitation and the Department of Motor Vehicles to ensure that
all eligible inmates released from the state prison have valid
identification cards. Existing law establishes certain criteria to be
met in order for an inmate to be considered "eligible" for these
purposes.
   This bill would require the Department of Corrections and
Rehabilitation to assist a person who is exonerated as to a
conviction for which he or she is serving a state prison sentence at
the time of exoneration with transitional services, including housing
assistance, job training, and mental health services, as applicable.
The extent of the services would be determined by the department and
would be provided for a period of not less than 6 months and not
more than one year from the date of release.
   Existing law requires the Department of Motor Vehicles to collect
specified fees for the issuance, renewal, or replacement of a driver'
s license or identification card.
   This bill would exempt from payment of those fees a person who was
exonerated, and was released from state prison within the previous 6
months. The bill would also require the Department of Corrections
and Rehabilitation to provide a form to any person who was
exonerated, and would require that form to be presented to the
Department of Motor Vehicles in order to qualify for the exemption.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as Obie's
Law.
  SEC. 2.  Section 3007.05 of the Penal Code is amended to read:
   3007.05.  (a) The Department of Corrections and Rehabilitation and
the Department of Motor Vehicles shall ensure that all eligible
inmates released from state prisons have valid identification cards,
issued pursuant to Article 5 (commencing with Section 13000) of
Chapter 1 of Division 6 of the Vehicle Code.
   (b) For purposes of this section, "eligible inmate" means an
inmate who meets all of the following requirements:
   (1) The inmate has previously held a California driver's license
or identification card.
   (2) The inmate has a usable photo on file with the Department of
Motor Vehicles that is not more than 10 years old.
   (3) The inmate has no outstanding fees due for a prior California
identification card.
   (4) The inmate has provided, and the Department of Motor Vehicles
has verified, all of the following information:
   (A) The inmate's true full name.
   (B) The inmate's date of birth.
   (C) The inmate's social security number.
   (D) The inmate's legal presence in the United States.
   (c) The Department of Corrections and Rehabilitation shall assist
a person who is exonerated as to a conviction for which he or she is
serving a state prison sentence at the time of exoneration with
transitional services, including housing assistance, job training,
and mental health services, as applicable. The extent of the services
shall be determined by the department and shall be provided for a
period of not less than six months and not more than one year from
the date of release.
   (d) For the purposes of this section, "exonerated" means the
person has been convicted and subsequently either of the following
occurred:
   (1) A writ of habeas corpus concerning the person was granted on
the basis that the evidence unerringly points to innocence, or the
person's conviction was reversed on appeal on the basis of
insufficient evidence.
   (2) The person was given an absolute pardon by the governor on the
basis that the person was innocent.
  SEC. 3.  Section 14903 is added to the Vehicle Code, to read:
   14903.  (a) A fee shall not be charged for an in person original,
renewal, or replacement driver's license or identification card
issued to any person who was exonerated, and was released from the
state prison within the previous six months.
   (b) The Department of Corrections and Rehabilitation shall provide
a form to any person who was exonerated and released from the state
prison within the previous six months. The form, along with a copy of
a court order, if provided by the court, shall be taken by the
individual to the Department of Motor Vehicles to qualify for the fee
exemption in subdivision (a).
   (c) For the purposes of this section, "exonerated" shall have the
same meaning as in Section 3007.05 of the Penal Code.