BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1489| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 1489 Page 2 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 CONTINUED SB 1489 Page 3 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 CONTINUED SB 1489 Page 4 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED