BILL ANALYSIS Ó
AB 1617
Page 1
ASSEMBLY THIRD READING
AB 1617 (Gatto)
As Amended June 11, 2014
2/3 vote. Urgency
APPROPRIATIONS 17-0
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|Ayes:|Gatto, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, | | |
| |Donnelly, Eggman, Gomez, | | |
| |Holden, Jones, Linder, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Wagner, | | |
| |Lowenthal | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : This bill, one of two annual state claims bills
introduced pursuant to the California Victim Compensation and
Government Claims Board (board) determinations and carried by
the Assembly and Senate Appropriations Committees, 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 : According to the Assembly Appropriations
Committee:
Appropriates $745,043 ($450,950 General Fund (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.
COMMENTS :
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.
AB 1617
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The re-issuance of stale-dated warrants (expired checks) is
the most prevalent claim approved by the board. For
stale-dated warrants, the State 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
GF 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), Chapter 800,
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.
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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.
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
District Attorney (D.A.) filed a petition 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).
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).
c) Francisco Carillo, binding factual findings and
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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 Los Angeles
Superior 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).
5)Related Legislation. SB 1031 (De León) of the current
legislative session, which appropriates $1.1 million for state
claims, is pending in the Assembly.
6)Prior Legislation. The two 2012 claims bills, AB 235 (Gatto),
Chapter 122, Statutes of 2013, appropriated $1.1 million and
passed the Assembly 71-1 and passed the Senate 30-0; and SB
1031 appropriated $414,000 and passed the Assembly 77-0 and
the Senate 37-0.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
FN: 0004282