Bill Text: CA SB1468 | 2021-2022 | Regular Session | Enrolled
Bill Title: Factual innocence.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2022-09-29 - In Senate. Consideration of Governor's veto pending. [SB1468 Detail]
Download: California-2021-SB1468-Enrolled.html
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Enrolled
September 06, 2022 |
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Passed
IN
Senate
August 30, 2022 |
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Passed
IN
Assembly
August 29, 2022 |
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Amended
IN
Assembly
August 25, 2022 |
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Amended
IN
Assembly
June 29, 2022 |
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Amended
IN
Senate
May 19, 2022 |
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Amended
IN
Senate
March 14, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1468
| Introduced by Senator Glazer (Coauthor: Senator Becker) (Coauthors: Assembly Members Cristina Garcia, Friedman, and Santiago) |
February 18, 2022 |
An act to amend Sections 851.86, 1485.55, 4900, 4902, 4903, 4904, 11117, and 13102 of, and to add Section 11105.55 to, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1468, Glazer.
Factual innocence.
Existing law requires the court and the California Victim Compensation Board to grant specified relief if a person is found to be factually innocent, including the sealing of records of arrest and detention and recommending that the Legislature make an appropriation to indemnify the person for injury suffered through their erroneous conviction and imprisonment, as specified.
This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person’s state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the
department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief to be granted when a person is found to be factually innocent, and would require the court to report those
proceedings to the Department of Justice. The bill would require the California Victim Compensation Board, when it makes a determination or finding of innocence, to report, among other information, a description of those proceedings to the Department of Justice, as specified. The bill would, in certain circumstances, extend the deadline from 30 days to 90 days from the filing of a claim for the California Victim Compensation Board to calculate the compensation for the claimant and approve payment to the claimant. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person.
This bill would incorporate
additional changes to Sections 4900, 4903, and 4904 of the Penal Code proposed by SB 993 to be operative only if this bill and SB 993 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Sections 1485.55 and 4902 of the Penal Code proposed by SB 981 to be operative only if this bill and SB 981 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs
mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 851.86 of the Penal Code is amended to read:851.86.
Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall inform the defendant of the availability of indemnity for persons erroneously convicted pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and the time limitations for presenting those claims. The court shall also issue both of the following orders:(a) An order entitling the defendant to the relief available pursuant to subdivision (c) of
Section 11117. If, upon proof by the defendant, the following additional facts are supported by a preponderance of evidence, the court’s order shall also set forth the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number
of days that the individual was on parole or community supervision solely as a result of the former conviction, and also the number of days the defendant was required to register as a sex offender solely as a result of the former conviction. Any person granted relief under this section prior to January 1, 2023, may bring a motion for the relief available under this subdivision, and to the relief available pursuant to subdivision (c) of Section 11117. The court shall report the proceedings and the finding of innocence to the Department of Justice, in a manner
pursuant to subdivision (a) of Section 11117. The report shall include the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction.
(b) Upon written or oral motion of any party in the case or the court, and with notice to all parties to the case, an order that the records in the case be sealed, including any record of arrest or detention. If such an order is made, the court shall give the defendant a copy of that order and inform the defendant that they may thereafter state they were not arrested for that charge and that they were not convicted of that
charge, and that they were found innocent of that charge by the court.
SEC. 2.
Section 1485.55 of the Penal Code is amended to read:1485.55.
(a) In a contested or uncontested 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, under any standard for factual innocence applicable in those proceedings, 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 person shall be provided with a determination by the board pursuant to subdivision (b) of Section 4904 and the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. Any person granted relief under this subdivision prior to January 1, 2023, is entitled, upon application to the board, to a determination by the board pursuant to subdivision (b) of Section 4904.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or
paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner. If the court makes a finding of factual innocence under this subdivision, it shall also issue an order entitling the defendant to the relief available pursuant to subdivision (c) of Section 11117. If, upon proof by the defendant, the following additional facts are supported by a preponderance of evidence, the court’s order shall also set forth the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the
defendant was required to register as a sex offender solely as a result of the former conviction. The court shall report the proceedings and the finding of innocence to the Department of Justice, in a manner pursuant to subdivision (a) of Section 11117. The report shall include the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction.
(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), the board shall, without a hearing, recommend to the Legislature that an appropriation
be made and any claim filed shall be paid pursuant to Section 4904, and, upon application to the board, the petitioner shall be provided a determination by the board pursuant to subdivision (b) of Section 4904. Any person granted relief under this subdivision prior to January 1, 2023, is entitled, upon application to the board, to
a determination by the board pursuant to subdivision (b) of Section 4904.
(d) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.
(e) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was
either not committed at all or, if committed, was not committed by the petitioner, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904, and, upon application to the board, the petitioner shall be provided with a determination by the board pursuant to subdivision (b) of Section 4904. Any person granted relief under this subdivision prior to January
1, 2023, is entitled, upon application to the board, to a determination by the board pursuant to subdivision (b) of Section 4904.
(f) For the purposes of this section, unless otherwise stated, “court” is defined as a state or federal court.
SEC. 2.5.
Section 1485.55 of the Penal Code is amended to read:1485.55.
(a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment, and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, 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 person shall be provided with a determination by the board pursuant to subdivision (b) of Section 4904 and the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. Any person granted relief under this subdivision prior to January 1, 2023, is entitled, upon application to the board, to a determination by the board pursuant to subdivision (b) of Section 4904.(b) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.
If the court makes a finding of factual innocence under this subdivision, it shall also issue an order entitling the defendant to the relief available pursuant to subdivision (c) of Section 11117. If, upon proof by the defendant, the following additional facts are supported by a preponderance of evidence, the court’s order shall also set forth the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction. The court shall report the proceedings and the finding of innocence to the Department of Justice, in a manner pursuant to subdivision (a) of Section 11117. The report shall include the number of days that the defendant was incarcerated, including in pretrial detention, solely
as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction.
(c) If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904, and, upon application to the board, the petitioner shall be provided a determination by the board pursuant to subdivision (b) of Section 4904. Any person granted
relief under this subdivision prior to January 1, 2023, is entitled, upon application to the board, to a determination by the board pursuant to subdivision (b) of Section 4904.
(d) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.
(e) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, the board shall,
without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section
4904, and, upon application to the board, the petitioner shall be provided with a determination by the board pursuant to subdivision (b) of Section 4904. Any person granted relief under this subdivision prior to January 1, 2023, is entitled, upon application to the board, to a determination by the board pursuant to subdivision (b) of Section 4904.
(f) For the purposes of this section, unless otherwise stated, “court” is defined as a state or federal court.
(g) (1) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (3), inclusive, of subdivision (b) of Section 1473, or vacated a judgment
pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall issue a finding in favor of compensation unless the district attorney objects in writing within 15 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request a single 30-day extension of time upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties.
(2) If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.
(3) If the motion is granted pursuant to a stipulation of the district attorney, the duty of the board to, without a hearing, recommend to the Legislature payment of the claim, shall apply.
(h) A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they
were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may also not rely solely on the trial record to establish that the petitioner is not entitled to compensation.
SEC. 3.
Section 4900 of the Penal Code is amended to read:4900.
(a) Any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 for that conviction, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, shall have served the term or any part thereof for which they were imprisoned in state prison or incarcerated in county jail, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration.(b) If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, find 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 approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, pursuant to Section 4904, and the petitioner shall be provided with the relief
available pursuant to subdivision (c) of Section 11117,
unless the Attorney General establishes pursuant to subdivision (e) of Section 4902, that the claimant is not entitled to compensation.
SEC. 3.5.
Section 4900 of the Penal Code is amended to read:4900.
(a) Any person who, having been convicted of any crime against the state amounting to a felony, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, has served the term or any part thereof for which they were imprisoned in state prison, incarcerated in county jail, on parole, or under supervised release, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the erroneous conviction and imprisonment or incarceration served solely as a result of the former conviction.(b) If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, find 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 approve payment to the claimant if
sufficient funds are available, upon appropriation by the Legislature, pursuant to Section 4904, and the petitioner shall be provided with the relief available pursuant to subdivision (c) of Section 11117, unless the Attorney General establishes pursuant to subdivision (e) of Section 4902, that the claimant is not entitled to compensation.
SEC. 4.
Section 4902 of the Penal Code is amended to read:4902.
(a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature and the petitioner shall be provided with the relief available pursuant to subdivision (c) of Section 11117. The Attorney General may submit a response if additional information is needed to complete the required calculations, in which case the 90-day deadline will commence following receipt of the response.(b) As to any claim to which Section 851.865 or 1485.55 does not apply, the Attorney General shall respond to the claim within 60 days or request an extension of time, upon a showing of good cause.
(c) Upon receipt of a response from the Attorney General, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing. The board shall use reasonable diligence in setting the date for the hearing and shall attempt to set the date for the hearing at the earliest date convenient for the parties and the board.
(d) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to subdivision (a), the board shall fix a time and place for the hearing of the claim, mail notice thereof to the claimant at least 15 days prior to the time fixed for the hearing, and make a recommendation based on the claimant’s verified claim and any evidence presented by the claimant.
(e) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature,
and the petitioner shall be provided with the relief available pursuant to subdivision (c) of Section 11117,
unless the Attorney General objects in writing, within 45 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. If the Attorney General declines to object within the allotted period of time, then the board shall issue its recommendation pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the
claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall find 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 shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature, and the petitioner shall be provided with the relief available pursuant to subdivision (c) of Section 11117.
SEC. 4.5.
Section 4902 of the Penal Code is amended to read:4902.
(a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature and the petitioner shall be provided with the relief available pursuant to subdivision (c) of Section 11117. The Attorney General may submit a response if additional information is needed to complete the required calculations, in which case the 90-day deadline will commence following receipt of the response.(b) As to any claim to which Section 851.865 or 1485.55 does not apply, the Attorney General shall respond to the claim within 60 days or request an extension of time, upon a showing of good cause.
(c) Upon receipt of a response from the Attorney General, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing. The board shall use reasonable diligence in setting the date for the hearing and shall attempt to set the date for the hearing at the earliest date convenient for the parties and the board.
(d) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to subdivision (a), the board shall fix a time and place for the hearing of the claim, mail notice thereof to the claimant at least 15 days prior to the time fixed for the hearing, and make a recommendation based on the claimant’s verified claim and any evidence presented by the claimant.
(e) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature,
and the petitioner shall be provided with the relief available pursuant to subdivision (c) of Section 11117, unless the Attorney General objects in writing, within 45 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney General’s office is unable to obtain sufficient documents for the review. If the
Attorney General declines to object within the allotted period of time, then the board shall issue its recommendation pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall find 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 shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature, and the petitioner shall be provided with the relief available pursuant to subdivision (c) of Section 11117.
SEC. 5.
Section 4903 of the Penal Code is amended to read:4903.
(a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, 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 that the claimant was incarcerated solely as a result of their conviction for that crime.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (e) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.
(c) In a hearing before the board, the factual findings and credibility determinations
establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.
(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.
(e) The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.
(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
SEC. 5.5.
Section 4903 of the Penal Code is amended to read:4903.
(a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, 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 that they were incarcerated solely as a result of the former conviction.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (e) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.
(c) In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section
1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.
(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.
(e) The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with
the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.
(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
SEC. 6.
Section 4904 of the Penal Code is amended to read:4904.
(a) 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, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall approve payment for the purpose of indemnifying the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. The amount of the payment shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served solely as a result of the former conviction, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. That payment shall not be treated as gross income to the recipient under the Revenue and Taxation Code.(b) Any person granted relief pursuant to this section or Section 851.86 prior to January 1, 2023, or pursuant to subdivision (a), (c), or (e) of Section 1485.55, is entitled, upon application and submission of proof by the claimant to the board, to a determination of the
number of days that the individual was incarcerated solely as a result of the former conviction, and the number of days that the individual was on parole, community supervision, or was required to register as a sex offender solely as a result of the former conviction.
(c) When the California Victim Compensation Board makes a determination under subdivision (b), or a finding of innocence under Section 4900, 4902, or 4904, the board shall report all of the following to the Department of Justice, in a manner prescribed by the Department of Justice:
(1) A description of the proceedings.
(2) The finding of innocence.
(3) The number of days that the individual was incarcerated solely as a result of the former conviction.
(4) The number of days that the individual was on parole, community supervision, or was required to register as a sex offender solely as a result of the former conviction.
(d) When a court orders a finding of innocence under Section 851.86 or 1485.55, the court shall report the proceedings and the finding of innocence to the Department of Justice, in a manner pursuant to subdivision (a) of Section 11117. The report shall include the number of days that the defendant was incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction.
SEC. 6.5.
Section 4904 of the Penal Code is amended to read:4904.
(a) 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, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, the California Victim Compensation Board shall approve payment for the purpose of compensating the claimant if sufficient funds are available, upon appropriation by the Legislature. The amount of the payment shall include the following:(1) A sum equivalent to one hundred forty dollars ($140) per day of incarceration served solely as a result of the former conviction, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration.
(2) A sum equivalent to seventy dollars ($70) per day served on parole pursuant to Section 3000 or 3000.1 or on supervised release solely as a result of the former conviction.
(3) Reasonable attorney fees and costs incurred by or on behalf of the claimant in overturning the claimant’s conviction or securing a pardon.
(4) Reasonable attorney fees and costs incurred by or on behalf of the claimant in obtaining compensation under this section or obtaining a finding of factual innocence under Section 851.8, 851.86, 1473.7, or 1485.55. When an award is made under this paragraph, a claimant’s attorney shall not collect any fees or costs in excess of the amount awarded.
(b) The amounts provided in paragraphs (1) and (2) of subdivision (a) shall be updated annually to reflect changes in the Bureau of Labor Statistics Consumer Price Index, West Region, commencing one year after this section becomes effective.
(c) Funds received by the
claimant under this section shall not be treated as gross income to the recipient under the Revenue and Taxation Code.
(d) Any person granted relief pursuant to this section or Section 851.86 prior to January 1, 2023, or pursuant to subdivision (a), (c), or (e) of Section 1485.55, is entitled, upon application and submission of proof by the claimant to the board, to a determination of the number of days that the individual was incarcerated solely as a result of the former conviction, and the number of days that the individual was on parole, community supervision, or was required to register as a sex offender solely as a result of the former conviction.
(e) When the California Victim Compensation Board makes a determination under subdivision (d), or a finding of innocence under Section 4900, 4902, or 4904, the board shall report all of the following to the Department of Justice, in
a manner prescribed by the Department of Justice:
(1) A description of the proceedings.
(2) The finding of innocence.
(3) The number of days that the individual was incarcerated solely as a result of the former conviction.
(4) The number of days that the individual was on parole, community supervision, or was required to register as a sex offender solely as a result of the former conviction.
(f) When a court orders a finding of innocence under Section 851.86 or 1485.55, the court shall report the proceedings and the finding of innocence to the Department of Justice, in a manner pursuant to subdivision (a) of Section 11117. The report shall include the number of days that the defendant was
incarcerated, including in pretrial detention, solely as a result of the former conviction, the number of days that the individual was on parole or community supervision solely as a result of the former conviction, and the number of days the defendant was required to register as a sex offender solely as a result of the former conviction.
SEC. 7.
Section 11105.55 is added to the Penal Code, to read:11105.55.
If the Department of Justice receives notice that a person has received a finding of innocence from a state or federal court or the California Victim Compensation Board, it shall send notice of that fact to all officers and agencies that it had previously notified of the arrest or other proceedings against the person.SEC. 8.
Section 11117 of the Penal Code is amended to read:11117.
(a) The Department of Justice shall prescribe and furnish the procedures and forms to be used for the disposition and other reports required in this article and in Sections 851.86, 1485.55, 4904, 13151, and 13152. The department shall add the reports received to all appropriate criminal records.(b) Neither the reports required in this article nor those required in Sections 13151 and 13152 shall be admissible in evidence in any civil action.
(c) When the Department of Justice receives a report pursuant to Sections 851.86, 1485.55, or 4904 it shall, within six weeks, do all of the following:
(1) Issue to the claimant a certificate of innocence on Department of Justice letterhead, signed by or on behalf of the Attorney General, stating the claimant’s name, the charge set forth in the original and any amended accusatory
pleading that resulted in the former conviction, the fact and date of the former conviction, the number of days that the claimant was incarcerated solely as a result of the former conviction, as determined by the California Victim Compensation Board or by a court pursuant to Section 851.86, the number of days, if any, that the individual was on parole, community supervision, or was required to register as a sex offender solely as a result of the former conviction, as determined by the California Victim Compensation Board or by a court pursuant to Section 851.86, and that the claimant has been found to be factually innocent of the crime underlying the former conviction and has thereby been exonerated. If the finding of innocence was made by a federal court, the certificate shall identify the federal court and the authority for the finding. If the finding of innocence was made by a state court, the certificate shall identify the court and the authority for the finding, and shall state that the claimant has
been found by the State of California to be factually innocent of the crime underlying the former conviction. If the finding of innocence was not made by a court, the certificate shall state that the finding was made by the California Victim Compensation Board, pursuant to its statutory authority to make those findings under Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and shall state that the claimant has been found by the State of California to be factually innocent of the crime underlying the former conviction.
(2) Annotate the claimant’s state summary criminal history information to state, directly next to or below the entry or entries regarding the former conviction that the claimant has been found to be innocent of the crime underlying the former conviction. If the finding of innocence was made by a federal court, the annotation shall identify the federal court and the authority for the finding. If the finding of
innocence was made by a state court, the annotation shall identify the court and the authority for the finding, and shall state that the claimant has been found by the State of California to be factually innocent of the crime underlying the former conviction. If the finding of innocence was not made by a court, the annotation shall state that the finding was made by the California Victim Compensation Board, pursuant to its statutory authority to make such findings under Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and shall state that the claimant has been found by the State of California to be factually innocent of the crime underlying the former conviction.
(3) Request that the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue, as well as any local, state, or federal agency or entity to which the Department of Justice has provided criminal offender record information regarding
the claimant, annotate its records to state that the claimant has been found by the State of California to be innocent of the crime underlying the former conviction. Each state or local agency or entity within the State of California receiving such a request shall annotate its records accordingly.
(d) Any state or local agency or entity within the State of California that receives notice from the Department of Justice pursuant to paragraph (3) of subdivision (c), including the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue, shall, within two weeks, do both of the following:
(1) Annotate any local summary criminal history information for the claimant to state, directly next to or below the entry or entries regarding the former conviction, that the claimant has been found to be innocent of the crime underlying the former conviction.
If the finding of innocence was made by a federal court, the annotation shall identify the federal court and the authority for the finding. If the finding of innocence was made by a state court, the annotation shall identify the court and the authority for the finding, and shall state that the claimant has been found by the State of California to be factually innocent of the crime underlying the former conviction. If the finding of innocence was not made by a court, the annotation shall state that the finding was made by the California Victim Compensation Board, pursuant to its statutory authority to make that finding under Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and shall state that the claimant has been found by the State of California to be factually innocent of the crime underlying the former conviction. The annotation shall state whether the finding of innocence was made by a state or federal court or the California Victim Compensation Board and the authority for the finding of
innocence.
(2) Request that any local, state, or federal agency or entity to which the law enforcement agency has provided criminal offender record information regarding the claimant annotate its records to state that the claimant has been found to be innocent of the crime underlying the former conviction. If the finding of innocence was made by a federal court, the annotation shall identify the federal court and the authority for the finding. If the finding of innocence was made by a state court, the annotation shall identify the court and the authority for the finding, and shall state that the claimant has been found by the State of California to be factually innocent of the crime underlying the former conviction. If the finding of innocence was not made by a court, the annotation shall state that the finding was made by the California Victim Compensation Board, pursuant to its statutory authority to make such findings under Chapter 5
(commencing with Section 4900) of Title 6 of Part 3, and shall state that the claimant has been found by the State of California to be factually innocent of the crime underlying the former conviction. The annotation shall state whether the finding of innocence was made by a state or federal court or the California Victim Compensation Board and the authority for the finding of innocence. Each state or local agency or entity within the State of California receiving such a request shall annotate its records accordingly.
SEC. 9.
Section 13102 of the Penal Code is amended to read:13102.
(a) As used in this chapter, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.(b) Criminal offender record information shall be restricted to that which is recorded as the result of an arrest, detention, or other initiation of criminal proceedings or of any consequent proceedings related thereto. It shall be understood to include, where appropriate, such items for
each person arrested as the following:
(1) Personal identification.
(2) The fact, date, and arrest charge; whether the individual was subsequently released and, if so, by what authority and upon what terms.
(3) The fact, date, and results of any pretrial proceedings.
(4) The fact, date, and results of any trial or proceeding, including any sentence or penalty.
(5) The fact, date, and results of any direct or collateral review of that trial or proceeding; the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates.
(6) The fact, date, and results of any release proceedings.
(7) The fact, date, and authority of any act of pardon or clemency.
(8) The fact and date of any formal termination to the criminal justice process as to that charge or conviction.
(9) The fact, date, and results of any proceeding revoking probation or parole.
(10) The fact, date, and authority for any finding of innocence and whether the finding was made by a state or federal court or the California Victim Compensation Board.
(c) It shall not include intelligence, analytical, and
investigative reports and files, nor statistical records and reports in which individuals are not identified and from which their identities are not ascertainable.
SEC. 10.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 11.
(a) Section 2.5 of this bill incorporates amendments to Section 1485.55 of the Penal Code proposed by both this bill and Senate Bill 981. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 1485.55 of the Penal Code, and (3) this bill is enacted after Senate Bill 981, in which case Section 2 of this bill shall not become operative.(b) Section 3.5 of this bill
incorporates amendments to Section 4900 of the Penal Code proposed by both this bill and Senate Bill 993. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 4900 of the Penal Code, and (3) this bill is enacted after Senate Bill 993, in which case Section 3 of this bill shall not become operative.
(c) Section 4.5 of this bill incorporates amendments to Section 4902 of the Penal Code proposed by both this bill and Senate Bill 981. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 4902 of the Penal Code, and (3) this bill is enacted after Senate Bill 981, in which case Section 4 of this bill shall not become operative.
(d) Section 5.5 of this bill incorporates amendments to Section 4903 of the Penal Code proposed by both this bill and Senate Bill 993. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 4903 of the Penal Code, and (3) this bill is enacted after Senate Bill 993, in which case Section 5 of this bill shall not become operative.
(e) Section 6.5 of this bill incorporates amendments to Section 4904 of the Penal Code proposed by both this bill and Senate Bill 993. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 4904 of the Penal Code, and (3) this bill is enacted after Senate Bill 993, in which case Section 6 of this bill shall not become operative.
