BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           316 (Solorio)
          
          Hearing Date:  08/27/2009           Amended: 06/28/2009
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
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          ____
          BILL SUMMARY:  AB 316 makes three statutory changes pertaining  
          to an individual's recourse after incarceration for a wrongful  
          conviction. This bill 1) Extends the time limit for filing a  
          claim with the Victim Compensation and Government Claims Board  
          (VCGCB) for a wrongful conviction and imprisonment from six  
          months to two years; 2) Allows a finding that a person is  
          factually innocent to be used as evidence in a claim for  
          wrongful conviction filed with the VCGCB; and 3) Extends the  
          statute of limitations for legal malpractice from one year to  
          two years where the plaintiff has obtained a finding of factual  
          innocence.
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Extends time limit to file             Unknown, potentially  
          significant costs            Special*
          specified VCGCB claims                                  

          Changes VCGCB evidence rules   Unlikely to specifically incur  
          new costs      Special*

          *Restitution Fund 
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          ____

          STAFF COMMENTS: SUSPENSE FILE.

          This bill may expand the number of claims filed and granted by  
          the VCGCB related to wrongful convictions, but whether (and to  
          what extent) it actually results in additional successful claims  
          is unknown. Existing law provides a six-month time limit for an  
          individual who was incarcerated and subsequently found factually  
          innocent to file a claim with the VCGCB. This bill would extend  
          the time limit to two years, which could result in more claims.  










          The VCGCB, however, has indicated it knows of no cases in which  
          a claim was denied because the claimant had missed the six month  
          deadline. Wrongfully incarcerated individuals generally file  
          claims very quickly. The current indemnification amount of $100  
          per day was established in 2002, and since that time, 9 cases  
          have been approved, with an average compensation of $380,000. To  
          the extent additional claims are granted, there could be  
          additional costs to the Restitution Fund.

          This bill also provides that a finding of factual innocence  
          shall be admissible as evidence at the VCGCB, in determining  
          whether to grant a claim of wrongful conviction and  
          incarceration. This is consistent with VCGCB practice in  
          considering claims. Several other burdens of proof must also be  
          met by the claimant, including that the claimant did not  
          contribute to his or her conviction. It is unlikely that  
          allowing a court finding of factual innocence to be admissible  
          as evidence would, alone, result in additional claims granted.