BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1489|
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THIRD READING
Bill No: SB 1489
Author: Harman (R)
Amended: 4/26/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Courts: destruction of court exhibits
SOURCE : Orange County Superior Court
DIGEST : This bill permits a court to order the
destruction of exhibits, in cases where the death penalty
is imposed, 30 days after the execution of sentence or the
death of the defendant while awaiting execution.
ANALYSIS : No order shall be made for the destruction of
an exhibit prior to the final determination of the action
or proceeding. For the purposes of this bill, the date
when a criminal action or proceeding becomes final is as
follows:
1. When no notice of appeal is filed, 30 days after the
last day for filing that notice.
2. When a notice of appeal is filed, 30 days after the date
CONTINUED
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the clerk of the court receives the remittitur affirming
the judgment.
3. When an order for a rehearing, a new trial, or other
proceeding is granted and the ordered proceedings have
not been commenced within one year thereafter, one year
after the date of that order.
4. In cases where the death penalty is imposed, 30 days
after the date of execution of sentence or the death of
the defendant while awaiting execution.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/16/12)
Orange County Superior Court (source)
OPPOSITION : (Verified 5/16/12)
American Civil Liberties Union (prior version of bill)
California Attorneys for Criminal Justice (prior version of
bill)
ARGUMENTS IN SUPPORT : According to the author:
As a way of background, Government Code section 68150
addresses the preservation of court records after the
final disposition of the case, presumably for addressing
the historical preservation of paper documents and
exhibits in the court file. Government Code section 68152
provides for retention periods after the final
disposition of the case with capital felony cases
requiring permanent retention. Penal Code section 1417 et
seq. provides that all exhibits which have been
introduced or filed in any criminal action or proceeding
shall be retained until the final determination of the
case. After the final determination of the case, the
court is to dispose, transfer ownership to or return the
exhibits.
To this end, we believe that the two conflicting
statutory provisions can be harmonized under the narrow
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provisions when the defendant has either been executed or
has passed away on Death Row while awaiting execution.
As we know, budgetary concerns are at the forefront of
all government operations and every cost saving mechanism
must and should be explored. It is well understood that
courts across the state are paying a large amount of
money to store physical evidence and documentary evidence
in death penalty cases. Our goal is to provide access to
justice for citizens with minimal reduction in court
services and at lower expense.
ARGUMENTS IN OPPOSITION : The ACLU opposes the prior
version of the bill stating, "The interest of the people of
California in access to information germane to the
evolution of our understanding of what constitutes
acceptable punishment is sufficiently large to counsel
against implementation of this bill. The destruction of
court files in capital cases serves no justifiable purpose,
and would foreclose scrutiny that might otherwise bring to
light wrongful executions and wrongful convictions,
information that Californians need in order to decide
questions relating to capital crimes and punishments."
RJG:mw 5/16/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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