SB 618, as introduced, Leno. Wrongful convictions.
Existing law provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison for that conviction, is granted a pardon by the Governor for specified reasons, and having served the term or any part thereof for which he or she was imprisoned, may present a claim against the state to the California Victim Compensation and Government Claims Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment, as specified.
This bill would extend those provisions to a person who was incarcerated in county jail for a felony conviction. The bill would provide that if the court grants a writ of habeas corpus concerning a person who is unlawfully imprisoned or restrained, or when the court vacates a judgment for a person on the basis of newly discovered evidence concerning a person who is no longer unlawfully imprisoned or restrained, and if the court finds that the evidence on the petition points unerringly to innocence, the court’s finding would be binding on the California Victim Compensation and Government Claims Board. The bill would provide that, upon application by the petitioner, the California Victim Compensation and Government Claims Board would, without a hearing, be required to recommend to the Legislature that an appropriation be made, and the claim be paid, as specified.
The bill would also provide that when the court grants a writ of habeas corpus concerning a person who is unlawfully imprisoned or restrained, or when the court vacates a judgment in a criminal matter against a person, the California Victim Compensation and Government Claims Board, in making its determination as to any claim submitted by that person, would be required to incorporate and be consistent with the factual findings, including credibility determinations, of the court granting the writ or reversing the conviction, and that those factual findings, including credibility determinations, would be binding upon the board.
Existing law requires a claim for wrongful imprisonment be presented by the claimant to the California Victim Compensation and Government Claims Board within a period of 2 years after judgment of acquittal or discharge given, or after pardon granted, or after release from imprisonment in order to be considered by the board.
This bill would revise those provisions to extend the time period to be 2 years from release from custody. The bill would define custody for those purposes as release from imprisonment from state prison or from incarceration in county jail, where there is no subsequent parole jurisdiction or postrelease jurisdiction exercised by the Department of Corrections and Rehabilitation or community corrections program, respectively, or where there is a parole period or postrelease period subject to jurisdiction of a community corrections program, when that period ends.
Existing law requires the California Victim Compensation and Government Claims Board to, upon presentation of a claim, fix a time and place for the hearing of the claim, and to mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing.
This bill would require the board to determine within 30 days of receiving a claim if a hearing is not required, as specified, and in the event that a hearing is necessary, would require the board to order the Attorney General to respond to the claim within 60 days of the date of the order, or to request an extension of time, upon a showing of good cause, to file a response.
Existing law provides that at the hearing set by the board, the claimant is required to prove, among other things, the fact that he or she did not, by any act or omission on his or her part, intentionally contribute to the bringing about of his or her arrest or conviction for the crime with which he or she was charged. Existing law also provides that when determining whether the claimant intentionally contributed to the bringing about of his or her arrest or conviction, the factfinder shall not consider statements obtained from an involuntary false confession or involuntary plea, and that the claimant bears the burden of proving by a preponderance of the evidence that the statements were obtained from an involuntary false confession or involuntary plea.
This bill would delete those provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1485.5 is added to the Penal Code, to
2read:
(a) When the court grants a writ of habeas corpus
4concerning a person who is unlawfully imprisoned or restrained,
5or when the court vacates a judgment in a criminal matter against
6a person, the California Victim Compensation and Government
7Claims Board, in making its determination as to any claim
8submitted by that person, shall incorporate and be consistent with
9the factual findings, including credibility determinations, of the
10court granting the writ or reversing the conviction, and those factual
11findings, including credibility determinations, shall be binding
12upon the board. In the event that the reversal of a conviction was
13uncontested by the prosecution, the factual allegations of the
14petition for writ of habeas corpus shall be deemed true allegations,
15and the findings and determinations of the board
shall incorporate
16and be consistent with the allegations, and those uncontested
17allegations shall be binding upon the board.
18(b) If the claimant has secured a declaration of factual innocence
19from the court pursuant to Section 851.8 or 851.86, the finding
20shall be certain grounds for payment of compensation for a claim
21made pursuant to Section 4900. Upon application by the petitioner,
22the California Victim Compensation and Government Claims
23Board shall, without a hearing, recommend to the Legislature that
24an appropriation be made and the claim paid pursuant to Section
254904.
Section 4900 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insert Any person who, having been convicted of any
28crime against the state amounting to a felony and imprisoned in
P4 1the state prisonbegin insert or incarcerated in county jail pursuant to
2subdivision (h) of Section 1170end insert for that conviction, is granted a
3pardon by the Governor for the reason that the crime with which
4he or she was charged was either not committed at all or, if
5committed, was not committed by him or her, or who, being
6innocent of the crime with which he or she was charged
for either
7of the foregoing reasons, shall have served the term or any part
8thereof for which he or she was imprisonedbegin insert in state prison or
9incarcerated in county jailend insert, may, under the conditions provided
10under this chapter, present a claim against the state to the California
11Victim Compensation and Government Claims Board for the
12pecuniary injury sustained by him or her through the erroneous
13conviction and imprisonmentbegin insert or incarcerationend insert.
14(b) If the court grants a writ of habeas corpus concerning a
15person who is unlawfully imprisoned or restrained, or when,
16pursuant to Section 1473.6, the court vacates a judgment for a
17person on the basis of newly
discovered evidence concerning a
18person who is no longer unlawfully imprisoned or restrained, and
19if the court finds that the evidence on the petition points unerringly
20to innocence, that finding shall be binding on the California Victim
21Compensation and Government Claims Board for a claim
22presented pursuant to subdivision (a), and upon application by
23the petitioner, the California Victim Compensation and
24Government Claims Board shall, without a hearing, recommend
25to the Legislature that an appropriation be made and the claim
26paid pursuant to Section 4904.
Section 4901 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insert A claim under Section 4900, accompanied by a
29statement of the facts constituting the claim, verified in the manner
30provided for the verification of complaints in civil actions,begin delete mustend delete
31begin insert is required toend insert be presented by the claimant to the California Victim
32Compensation and Government Claims Board within a period of
33two years after judgment of acquittal or discharge given, or after
34pardon granted, or after release frombegin delete imprisonmentend deletebegin insert
custodyend insert, and
35no claim not so presented shall be considered by the California
36Victim Compensation and Government Claims Board.
37(b) For purposes of subdivision (a), “release from custody”
38means release from imprisonment from state prison or from
39incarceration in county jail when there is no subsequent parole
40jurisdiction exercised by the Department of Correction and
P5 1Rehabilitation or post-release jurisdiction under a community
2corrections program, or when there is a parole period or
3postrelease period subject to jurisdiction of a community
4corrections program, when that period ends.
Section 4902 of the Penal Code is amended to read:
begin deleteUpon presentation of a claim under Section 4900, the end delete
7begin insertThe end insertCalifornia Victim Compensation and Government Claims
8Boardbegin insert shall determine within 30 days of the presentation of a claim
9pursuant to Section 4900 if a hearing is not necessary pursuant
10to subdivision (b) of Section 4900. In the event that a hearing is
11necessary, the board shall order the Attorney General to respond
12to the claim within 60 days of the date of the order, or to request
13an extension of time, upon a showing of good cause, to file a
14response. Upon receipt of a response from
the Attorney General,
15the boardend insert
shall fix a time and place for the hearing of the claim,
16and shall mail notice thereof to the claimant and to the Attorney
17General at least 15 days prior to the time fixed for the hearing.begin insert The
18board shall use reasonable diligence in setting the date for the
19hearing and shall attempt to set the date for the hearing at the
20earliest date convenient for the parties and the board.end insert
Section 4903 of the Penal Code is amended to read:
begin deleteOn such end deletebegin insertAt the end inserthearing the claimant shall introduce
23evidence in support of the claim, and the Attorney General may
24introduce evidence in opposition thereto. The claimantbegin delete mustend deletebegin insert shallend insert
25 prove the facts set forth in the statement constituting the claim,
26including the fact that the crime with which he or she was charged
27was either not committed at all, or, if committed, was not
28committed by him or her,begin delete the fact that he or she did not, by any
and the pecuniary injury sustained
29act or omission on his or her part, intentionally contribute to the
30bringing about of his or her arrest or conviction for the crime with
31which he or she was charged,end delete
32by him or her through his or her erroneous conviction and
33imprisonment.begin delete For purposes of this chapter, when determining
34whether the claimant intentionally contributed to the bringing about
35of his
or her arrest or conviction, the factfinder shall not consider
36statements obtained from an involuntary false confession or
37involuntary plea. The claimant shall bear the burden of proving
38by a preponderance of the evidence that the statements were
39obtained from an involuntary false confession or involuntary plea.end delete
40begin insert The Attorney General and the factfinder shall incorporate the
P6 1factual findings and determinations, including credibility
2determinations, of the court reversing the conviction, in the manner
3described in Section 1485.5.end insert
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