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
July 01, 2019 |
Amended
IN
Senate
May 21, 2019 |
Senate Bill | No. 269 |
Introduced by Senators Bradford and Glazer (Coauthors: Senators Monning, Roth, and Wiener) |
February 12, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would make those provisions inapplicable to specified cases in which the board is required to recommend to the Legislature that an appropriation be made and a claim be paid to compensate a person for a wrongful conviction.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
(a)If the district attorney or Attorney General 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 shall be binding on the Attorney General and the factfinder, and if subdivision (b) of Section 4900 does not apply, on the California Victim Compensation Board.
(b)The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment.
(c)In a contested or uncontested proceeding, the
express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General and the factfinder, and if subdivision (b) of Section 4900 does not apply, on the California Victim Compensation Board.
(d)For the purposes of this section, “express factual findings” are findings established as the basis for the court’s ruling or order.
(e)For purposes of this section, “court” is defined as a state or federal court.
SEC. 2.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.(a)Except as provided in subdivision (b), 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)For a person having been convicted of a crime against the state amounting to a felony and having been imprisoned in the state prison or incarcerated in a county jail pursuant to subdivision (h) of Section 1170 for that conviction, and for whom a state or federal court has granted a writ of habeas corpus and reversed the conviction, or for whom a state court has granted a motion to vacate the conviction pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of 1473.7, and 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, recommend to the Legislature that an appropriation be made and the claim paid
pursuant to Section 4904. If an applicant meets the requirements under this section, no additional findings are required under any other law.
(c)Subdivision (b) does not apply to any of the following:
(1)A writ of habeas corpus granted on the grounds of any of the following:
(A)The court failed to provide a jury instruction or provided an incorrect jury instruction.
(B)The defendant was suitable for parole.
(C)Prison conditions were unfavorable.
(D)The court found that there was a violation of the Fourth Amendment of the United States Constitution.
(E)The court found that a juror was improperly removed, or a juror was properly removed for misconduct.
(2)Convictions vacated pursuant to Section 1170.95 or pursuant to paragraph (1) of subdivision (a) of Section 1473.7.
(3)A reversal from a direct appeal.
SEC. 4.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 after judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later.(a)If Section 851.865 or 1485.55, or subdivision (b) of Section 4900, applies in any claim, the California Victim Compensation Board shall, within 30 days of the presentation of the claim, calculate the compensation for the claimant pursuant to Section 4904 and recommend to the Legislature payment of that sum. As to any claim to which Section 851.865 or 1485.55, or subdivision (b) of Section 4900 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.
(b)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.
(c)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.