Bill Text: CA SB618 | 2013-2014 | Regular Session | Amended

California Senate Bill 618 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Wrongful convictions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-13 - Chaptered by Secretary of State. Chapter 800, Statutes of 2013. [SB618 Detail]

Download: California-2013-SB618-Amended.html
BILL NUMBER: SB 618	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2013

INTRODUCED BY   Senator Leno
   (Principal coauthor: Senator Steinberg)

                        FEBRUARY 22, 2013

   An act to amend Sections 4900, 4901, 4902, and 4903 of, and to add
 Section  Sections 851.865,  1485.5  ,
and 1485.55  to, the Penal Code, relating to wrongful
convictions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 618, as amended, Leno. Wrongful convictions.
   Existing law provides that any person who, having been convicted
of any crime against the state amounting to a felony and imprisoned
in the state prison for that conviction, is granted a pardon by the
Governor for specified reasons, and having served the term or any
part thereof for which he or she was imprisoned, may present a claim
against the state to the California Victim Compensation and
Government Claims Board for the pecuniary injury sustained by him or
her through the erroneous conviction and imprisonment, as specified.
   This bill would extend those provisions to a person who was
incarcerated in county jail for a felony conviction. The bill would
provide that if the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained, or when the court
vacates a judgment for a person on the basis of newly discovered
evidence concerning a person who is no longer unlawfully imprisoned
or restrained, and if the court finds that the evidence on the
petition points unerringly to innocence, the court's finding would be
binding on the California Victim Compensation and Government Claims
Board. The bill would provide that, upon application by the
petitioner, the California Victim Compensation and Government Claims
Board would, without a hearing, be required to recommend to the
Legislature that an appropriation be made, and the claim be paid, as
specified.
   The bill would also provide that when the court grants a writ of
habeas corpus concerning a person who is unlawfully imprisoned or
restrained, or when the court vacates a judgment in a criminal matter
against a person, the California Victim Compensation and Government
Claims Board, in making its determination as to any claim submitted
by that person, would be required to incorporate and be consistent
with the factual findings, including credibility determinations, of
the court granting the writ or reversing the conviction, and that
those factual findings, including credibility determinations, would
be binding upon the board.
   Existing law requires a claim for wrongful imprisonment be
presented by the claimant to the California Victim Compensation and
Government Claims Board within a period of 2 years after judgment of
acquittal or discharge given, or after pardon granted, or after
release from imprisonment in order to be considered by the board.
   This bill would revise those provisions to extend the time period
to be 2 years from release from custody. The bill would define
custody for those purposes as release from imprisonment from state
prison or from incarceration in county jail, where there is no
subsequent parole jurisdiction or postrelease jurisdiction exercised
by the Department of Corrections and Rehabilitation or community
corrections program, respectively, or where there is a parole period
or postrelease period subject to jurisdiction of a community
corrections program, when that period ends.
   Existing law requires the California Victim Compensation and
Government Claims Board to, upon presentation of a claim, fix a time
and place for the hearing of the claim, and to mail notice thereof to
the claimant and to the Attorney General at least 15 days prior to
the time fixed for the hearing.
   This bill  would require the board to determine within 30
days of receiving a claim if a hearing is not required, as specified,
and in the event that a hearing is necessary,  would
require the board to order the Attorney General to respond to the
claim within 60 days of the date of the order, or to request an
extension of time, upon a showing of good cause, to file a response
 ,   except in those cases involving a finding of
factual innocence, as specified, or a finding by the court that facts
point unerringly to innocence, as specified. The bill would require
the board in those cases to calculate the compensation for the
claimant within 30 days of presentation of the claim, as specified,
and recommend to the Legislature the payment of that sum, as
specified  .
   Existing law provides that at the hearing set by the board, the
claimant is required to prove, among other things, the fact that he
or she did not, by any act or omission on his or her part,
intentionally contribute to the bringing about of his or her arrest
or conviction for the crime with which he or she was charged.
Existing law also provides that when determining whether the claimant
intentionally contributed to the bringing about of his or her arrest
or conviction, the factfinder shall not consider statements obtained
from an involuntary false confession or involuntary plea, and that
the claimant bears the burden of proving by a preponderance of the
evidence that the statements were obtained from an involuntary false
confession or involuntary plea.
   This bill would delete those provisions.  The bill would
authorize the board to deny a claim where a claimant has been
convicted of fraud or obstruction of justice relating to the
underlying conviction for which the claimant seeks compensation.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 1485.5 is added to the Penal
Code, to read:
   1485.5.  (a) When the court grants a writ of habeas corpus
concerning a person who is unlawfully imprisoned or restrained, or
when the court vacates a judgment in a criminal matter against a
person, the California Victim Compensation and Government Claims
Board, in making its determination as to any claim submitted by that
person, shall incorporate and be consistent with the factual
findings, including credibility determinations, of the court granting
the writ or reversing the conviction, and those factual findings,
including credibility determinations, shall be binding upon the
board. In the event that the reversal of a conviction was uncontested
by the prosecution, the factual allegations of the petition for writ
of habeas corpus shall be deemed true allegations, and the findings
and determinations of the board shall incorporate and be consistent
with the allegations, and those uncontested allegations shall be
binding upon the board.
   (b) If the claimant has secured a declaration of factual innocence
from the court pursuant to Section 851.8 or 851.86, the finding
shall be certain grounds for payment of compensation for a claim made
pursuant to Section 4900. Upon application by the petitioner, the
California Victim Compensation and Government Claims Board shall,
without a hearing, recommend to the Legislature that an appropriation
be made and the claim paid pursuant to Section 4904. 
   SECTION 1.    Section 851.865 is added to the 
 Penal Code   , to read:  
   851.865.  (a) If the claimant has secured a declaration of factual
innocence from the court pursuant to Section 851.8 or 851.86, the
finding shall be sufficient grounds for payment of compensation for a
claim made pursuant to Section 4900. Upon application by the
petitioner, the California Victim Compensation and Government Claims
Board shall, without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid pursuant to Section 4904.
   (b) If the declaration of factual innocence is granted pursuant to
a stipulation of the prosecutor, the duty of the board to, without a
hearing, recommend to the Legislature payment of the claim, shall
apply.  
  SEC. 2.    Section 1485.5 is added to the Penal Code, to
read:
   1485.5.  (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, those facts shall be binding on the
Attorney General, the factfinder, and the board.
   (b) Factual findings made by the court, including credibility
determinations, in considering a petition for habeas corpus, a motion
for new trial pursuant to Section 1473.6, or an application for a
certificate of factual innocence, shall be binding on the Attorney
General, the factfinder, and the board.  
  SEC. 3.    Section 1485.55 is added to the Penal Code, to
read:
   1485.55.  If the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained, or when, pursuant
to Section 1473.6, the court vacates a judgment for a person on the
basis of newly discovered evidence concerning a person who is no
longer unlawfully imprisoned or restrained, and if the court finds
that the evidence on the petition points unerringly to innocence,
that finding shall be binding on the California Victim Compensation
and Government Claims Board for a claim presented pursuant to
subdivision (a), and upon application by the petitioner, 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.   SEC. 4.   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 he or she was charged was either not committed at all or,
if committed, was not committed by him or her, or who, being innocent
of the crime with which he or she was charged for either of the
foregoing reasons, shall have served the term or any part thereof for
which he or she was 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 and Government Claims Board for the pecuniary injury
sustained by him or her through the erroneous conviction and
imprisonment or incarceration. 
   (b) If the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained, or when, pursuant
to Section 1473.6, the court vacates a judgment for a person on the
basis of newly discovered evidence concerning a person who is no
longer unlawfully imprisoned or restrained, and if the court finds
that the evidence on the petition points unerringly to innocence,
that finding shall be binding on the California Victim Compensation
and Government Claims Board for a claim presented pursuant to
subdivision (a), and upon application by the petitioner, the
California Victim Compensation and Government Claims Board shall,
without a hearing, recommend to the Legislature that an appropriation
be made and the claim paid pursuant to Section 4904.
   SEC. 3.   SEC. 5.   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
and Government Claims Board within a period of two years after
judgment of acquittal or discharge given, or after pardon granted, or
after release from custody, and no claim not so presented shall be
considered by the California Victim Compensation and Government
Claims Board.
   (b) For purposes of subdivision (a), "release from custody" means
release from imprisonment from state prison or from incarceration in
county jail when there is no subsequent parole jurisdiction exercised
by the Department of Correction and Rehabilitation or postrelease
jurisdiction under a community corrections program, or when there is
a parole period or postrelease period subject to jurisdiction of a
community corrections program, when that period ends.
   SEC. 4.   SEC. 6.   Section 4902 of the
Penal Code is amended to read:
   4902.   The   If the provisions of Section
861.865 or Section 1485.55 apply in any claim, the  California
Victim Compensation and Government Claims Board  shall
determine within 30 days of the presentation of a claim pursuant to
Section 4900 if a hearing is not necessary pursuant to subdivision
(b) of Section 4900. In the event that a hearing is necessary,
  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 861.865 or 1485.55 does not
apply,  the board shall order the Attorney General to respond to
the claim within 60 days of the date of the order, or to request an
extension of time, upon a showing of good cause, to file a response.
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.
   SEC. 5.   SEC. 7.   Section 4903 of the
Penal Code is amended to read:
   4903.   (a)    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 he or she was charged
was either not committed at all, or, if committed, was not committed
by him or her, and the pecuniary injury sustained by him or her
through his or her erroneous conviction and imprisonment. 
The 
    (b)     The  Attorney General 
and   ,  the factfinder  , and the board 
shall incorporate  and be consistent with  the factual
findings and determinations, including credibility determinations, of
the court  reversing the conviction, in the manner 
 which heard the petition for habeas corpus, a motion for new
trial pursuant to Section 1473.6, or an application for a certificate
of factual innocence as  described in Section 1485.5. 
   (c) The board may deny payment of any claim where a claimant has
been convicted of fraud or obstruction of justice relating to the
underlying conviction for which the claimant is seeking compensation.