BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1489|
|Office of Senate Floor Analyses | |
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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 5/22/12)
Orange County Superior Court (source)
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
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
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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.
RJG:mw 5/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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