BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1489|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                              UNFINISHED BUSINESS


          Bill No:  SB 1489
          Author:   Harman (R)
          Amended:  6/26/12
          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

           SENATE FLOOR  :  39-0, 5/29/12 (Consent)
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Hancock, Harman, 
            Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, 
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, 
            Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, 
            Wright, Wyland, Yee
          NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR  :  79-0, 8/16/12 (Consent) - See last page 
            for vote


           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 
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          is imposed, 30 days after the execution of sentence or the 
          death of the defendant while awaiting execution.

           Assembly Amendments  make a clarifying change.

           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 
             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.

          5. In cases where the death penalty is imposed and the 
             defendant dies while awaiting execution, one year after 
             the date of the defendant's death.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/16/12)

          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 

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            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 
            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. 


           ASSEMBLY FLOOR  : 79-0, 08/16/12
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, 
            Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED: Lara


          RJG:m  8/17/12   Senate Floor Analyses 


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                         SUPPORT/OPPOSITION:  SEE ABOVE

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