BILL ANALYSIS Ó
AB 1617
Page 1
Date of Hearing: July 2, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1617 (Gatto) - As Amended: June 11, 2014
Policy Committee:
AppropriationsVote:
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill, one of two annual state claims bills introduced
pursuant to California Victim Compensation and Government Claims
Board (board) determinations and carried by the Appropriations
Committee chairs, appropriates $745,043 to pay 136 claims
against the state as approved by the board, and $1,450,200 to
pay the costs of three erroneous conviction cases.
FISCAL EFFECT
Appropriates $745,043 ($450,950 GF; $294,033 special funds) to
the board for payment of 136 claims, 134 of which are
stale-dated warrants.
Appropriates $1,450,200 (GF) for payment of board-approved
claims for three erroneous conviction cases.
COMMENT
1)Rationale. The Government Code Section 13928 requires the
board to ensure that all claims approved by the board, for
which no legally available appropriation exists, are submitted
for legislative approval at least twice during each calendar
year. In general, the board approves claims in November and
February.
The re-issuance of stale-dated warrants (expired checks) is
the most prevalent claim approved by the board. For
stale-dated warrants, the Controller must confirm the check
was not cashed and that more than three years has passed since
the check was issued and the monies have reverted to the
AB 1617
Page 2
General Fund or to the relevant special fund. For these
warrants an appropriation is needed to reissue the payment.
In addition to stale-dated warrants, Penal Code Section 4900
et seq. authorizes a person convicted and imprisoned for a
felony to submit a claim to the board for pecuniary injury
sustained as a result of erroneous conviction and
imprisonment. Pursuant to SB 618 (Leno) Statutes of 2013, if a
person has secured a declaration of factual innocence from the
court after having his or her conviction set aside, the
finding is grounds for payment of a claim against the state
and upon application by the petitioner, the board shall,
without a hearing, recommend to the Legislature an
appropriation to cover the claim. Likewise, if the court finds
the petitioner has proven his or her innocence by a
preponderance of the evidence, or the court grants a writ of
habeas corpus concerning a person who is unlawfully
imprisoned, or when the court vacates a judgment for a person
on the basis of new evidence concerning a person who is no
longer unlawfully imprisoned, and the court finds the evidence
points unerringly to innocence, the board shall, upon
application by the claimant, without a hearing, recommend to
the Legislature an appropriation to cover the petitioner's
claim.
Otherwise, a claimant is required to introduce evidence in
support of his or her claim at a hearing before the board, and
the Attorney General may introduce evidence in opposition. The
claimant must prove, by a preponderance of the evidence: (a)
the crime was not committed at all, or, if committed, was not
committed by the claimant; (b) the claimant did not contribute
to the arrest or conviction for the crime; and (c) the
claimant sustained pecuniary injury though the erroneous
conviction and imprisonment.
If a claimant meets the burden of proof, the board shall
recommend to the Legislature an appropriation of $100 per day
of incarceration served in a state prison subsequent to the
claimant's conviction.
2)Support . This bill, supported by the board, the Department of
Finance, and the administration, has no opposition.
3)134 of the 136 claims are for stale-dated warrants , ranging
from $60 to $43,476.
AB 1617
Page 3
The two remaining claims are $234 for a dental coverage
overcharge, and $172 for overpaid mobile home registration
fees.
4)Erroneous Conviction Claims .
a) Jose Luis Diaz, binding finding of factual innocence,
$305,300.
Convicted of rape and related charges in 1984, Diaz served
10 years in state prison. In 2012, the Santa Clara D.A.
filed a petion for writ of habeas corpus based on new
evidence that pointed unerringly to the claimant's
innocence. On March 4, 2014, the court granted the writ and
ruled that a board hearing to determine these facts was not
required pursuant to Penal Code Section 851.86 (SB 618,
Statutes of 2013).
b) Johnny Williams, binding finding of factual innocence,
$461,600.
Convicted of lewd and lascivious conduct against a child,
Williams served almost 13 years in state prison. In 2012,
the California DNA Project and the Northern California
Innocence Project filed a petition for writ of habeas
corpus asking that the conviction be reversed based on DNA
evidence. (Sperm samples from the victim's t-shirt
conclusively excluded Williams as the source.)
On March 8, 2013, the Alameda County D.A. conceded
Williams' factual innocence and the Alameda County Superior
Court reversed the conviction and ordered Williams released
from custody and all parole conditions. A board hearing to
determine these facts was not required as the court
findings are binding pursuant to Penal Code Section 851.86
(SB 618, Statutes of 2013).
c) Francisco Carillo, binding factual findings and
credibility determinations by the court, $683,300.
Convicted of murder and six counts of attempted murder
related to a 1991 gang-related drive-by shooting, Carillo
served almost 19 years in prison. In 2010, Carillo filed a
petition for writ of habeas corpus with the L.A. Superior
AB 1617
Page 4
Court on the basis that five of the six eyewitnesses had
recanted. The judge found that the five witnesses who
recanted were credible, and that the remaining witness who
identified Carillo as the shooter was not credible. The
court also determined that Carillo's testimony that he was
home with his father the night of the shooting was
credible. The D.A. conceded Carillo met his burden of proof
and on March 16, 2011, Carillo was released. A board
hearing to determine these facts was not required as the
court findings are binding pursuant to Penal Code Section
490(b) 86 (SB 618, Statutes of 2013).
5)Related Legislation . SB 1031 (De Leon), which appropriates
$1.1 million for state claims, is pending on the Senate floor.
6)Prior Legislation . The two 2012 claims bills, AB 235 (Gatto),
Statutes of 2013, appropriated $1.1 million and passed this
house 71-1 and passed the Senate 30-0; and SB 1531 (De Leon),
Statutes of 2013, appropriated $414,000 and passed this house
77-0 and the Senate 37-0.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081