Bill Text: CA SB618 | 2013-2014 | Regular Session | Amended
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 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 ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY JUNE 27, 2013
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
4903, and 4904 of, and to add 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 in a contested proceeding, 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 new evidence, as defined,
concerning a person who is no longer unlawfully imprisoned or
restrained, and if the court finds that the new evidence
on the petition points unerringly to innocence, the court's finding
would be binding on the California Victim Compensation and Government
Claims Board for a claim presented to the 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.
The bill would require, in a hearing before the board, that the
factual findings and credibility determinations establishing the
court's basis for granting the writ of habeas corpus, a motion for
new trial, or an application for a certificate of factual innocence
be binding on the Attorney General, the factfinder, and the board.
The bill would also provide that 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, the factfinder, and the board. The bill
would also require the district attorney to 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. The bill would also provide that the
express factual findings, as defined, made by the court, as
specified, shall be binding on the Attorney General, the factfinder,
and 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
release from 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 instead 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 to fix a time and place for the
hearing of the claim, to mail notice to the claimant at least 15
days prior to the time fixed for the hearing, and, if the period for
response lapses without a request for extension or a response from
the Attorney General, to make a recommendation based on the claimant'
s verified claim and any evidence presented by him or her. The
bill would also require the board in those cases
board, in cases involving a finding of factual
innocence, as specified, or a finding by the court that the facts
point unerringly to innocence, 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 require
the board to deny a claim if the board finds by a preponderance of
the evidence that a claimant willfully plead
pled guilty with the specific intent to protect
the another from prosecution
of another for the underlying conviction for which the
claimant is seeking compensation.
Existing law provides that 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 did not, by any act or omission, intentionally contribute to
the bringing about of his or her arrest or conviction for the crime
with which he or she was charged, and that the claimant has sustained
pecuniary injury through his or her erroneous conviction and
imprisonment, the California Victim Compensation and Government
Claims Board shall report the facts of the case and its conclusions
to the next Legislature, with a recommendation that an appropriation
be made by the Legislature for the purpose of indemnifying the
claimant for the pecuniary injury.
This bill would remove the requirement on the claimant to prove
that he or she did not, by any act or omission, intentionally
contribute to the bringing about of his or her arrest or conviction
for the crime with which he or she was charged.
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 851.865 is added to the Penal Code, to read:
851.865. (a) If a person 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 person,
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 the
facts underlying the basis for the court's ruling or order
shall be binding on the Attorney General, the factfinder, and the
California Victim Compensation and Government Claims 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.
(b) Factual
(c) The express factual findings
made by the court, including credibility determinations, in
considering a petition for habeas corpus, a motion for new
trial to vacate judgment 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
California Victim Compensation and Government Claims Board.
(d) For the purposes of this section, "express factual findings"
are findings established as the basis for the court's ruling or
order.
SEC. 3. Section 1485.55 is added to the Penal Code, to read:
1485.55. (a) If In a contested
proceeding, 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 new evidence concerning a
person who is no longer unlawfully imprisoned or restrained, and if
the court finds that the new 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 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.
(b) If the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained on any ground other
than new evidence that points unerringly to innocence or actual
innocence, the petitioner may move for a finding of innocence by a
preponderance of the evidence 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 .
(c) If the court vacates a judgment pursuant to Section 1473.6, on
any ground other than new evidence that points unerringly to
innocence or actual innocence, the petitioner may move for a finding
of innocence by a preponderance of the evidence 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 .
(d) If the court makes a finding that the petitioner has proven
his or her innocence by a preponderance of the evidence pursuant to
subdivision (b) or (c), the board shall, without a hearing, recommend
to the Legislature that an appropriation be made and the claim paid
pursuant to Section 4904.
(e) No presumption shall exist in any other proceeding for failure
to make a motion or obtain a favorable ruling pursuant to
subdivision (b) or (c).
(f) If a federal court, after granting a writ of habeas corpus,
pursuant to a nonstatutory motion or request, finds a petitioner
innocent by no less than a preponderance of the evidence 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 , the
board shall, without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid pursuant to Section 4904.
(g) For the purposes of this section, "new evidence" means
evidence that was not available or known at the time of trial that
completely undermines the prosecution case and points unerringly to
innocence.
SEC. 4. Section 4900 of the Penal Code is amended to read:
4900. 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.
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.
(c) A person may not file a claim under Section 4900 until 60 days
have passed since the date of reversal of conviction or granting of
the writ, or while the case is pending upon an initial refiling, or
until a complaint or information has been dismissed a single time.
SEC. 6. Section 4902 of the Penal Code is amended to read:
4902. (a) If the provisions of Section
861.865 or 1485.55 apply in any claim, the California Victim
Compensation and Government Claims 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 861.865 or
1485.55 does not apply, the board shall order the
Attorney General to shall 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
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
him or her.
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.
(b) The In a hearing before the board, the
factual findings and credibility determinations
underlying the establishing the court's basis for
granting of a writ of 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
shall be binding on the Attorney General, the factfinder, and the
board.
(c) The board shall deny payment of any claim where
if the board finds by a preponderance of the
evidence that a claimant willfully plead pled
guilty with the specific intent to protect
the another from prosecution of
another for the underlying conviction for which the
claimant is seeking compensation.
SEC. 8. Section 4904 of the Penal Code
is amended to read:
4904. 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 did not, by any act or omission, intentionally contribute to
the bringing about of his or her arrest or conviction for the crime
with which he or she was charged, and that the claimant has
sustained pecuniary injury through his or her erroneous conviction
and imprisonment, the California Victim Compensation and Government
Claims Board shall report the facts of the case and its conclusions
to the next Legislature, with a recommendation that an appropriation
be made by the Legislature for the purpose of indemnifying the
claimant for the pecuniary injury. The amount of the appropriation
recommended shall be a sum equivalent to one hundred dollars ($100)
per day of incarceration served subsequent to the claimant's
conviction and that appropriation shall not be treated as gross
income to the recipient under the Revenue and Taxation Code.
