BILL NUMBER: SB 618 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
(Principal coauthor: Senator Steinberg)
FEBRUARY 22, 2013
An act to amend Sections 4900, 4901, 4902, and 4903 of, and to add
Section 1485.5 to, the Penal Code, relating to wrongful convictions.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 1485.5 is added to the Penal Code, to read:
1485.5. (a) 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, shall incorporate and be consistent with the factual
findings, including credibility determinations, of the court granting
the writ or reversing the conviction, and those factual findings,
including credibility determinations, shall be binding upon the
board. In the event that the reversal of a conviction was uncontested
by the prosecution, the factual allegations of the petition for writ
of habeas corpus shall be deemed true allegations, and the findings
and determinations of the board shall incorporate and be consistent
with the allegations, and those uncontested allegations shall be
binding upon the board.
(b) If the claimant has secured a declaration of factual innocence
from the court pursuant to Section 851.8 or 851.86, the finding
shall be certain grounds for payment of compensation for a claim made
pursuant to Section 4900. Upon application by the petitioner, the
California Victim Compensation and Government Claims Board shall,
without a hearing, recommend to the Legislature that an appropriation
be made and the claim paid pursuant to Section 4904.
SEC. 2. Section 4900 of the Penal Code is amended to read:
4900. (a) Any person who, having been
convicted of any crime against the state amounting to a felony and
imprisoned in the state prison or incarcerated in county jail
pursuant to subdivision (h) of Section 1170 for that
conviction, is granted a pardon by the Governor for the reason that
the crime with which he or she was charged was either not committed
at all or, if committed, was not committed by him or her, or who,
being innocent of the crime with which he or she was charged for
either of the foregoing reasons, shall have served the term or any
part thereof for which he or she was imprisoned in state prison
or incarcerated in county jail , may, under the conditions
provided under this chapter, 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 or incarceration .
(b) If the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained, or when, pursuant
to Section 1473.6, 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,
that finding shall be binding on the California Victim Compensation
and Government Claims Board for a claim presented pursuant to
subdivision (a), and upon application by the petitioner, the
California Victim Compensation and Government Claims Board shall,
without a hearing, recommend to the Legislature that an appropriation
be made and the claim paid pursuant to Section 4904.
SEC. 3. Section 4901 of the Penal Code is amended to read:
4901. (a) A claim under Section 4900,
accompanied by a statement of the facts constituting the claim,
verified in the manner provided for the verification of complaints in
civil actions, must is required to be
presented by the claimant to the California Victim Compensation and
Government Claims Board within a period of two years after judgment
of acquittal or discharge given, or after pardon granted, or after
release from imprisonment custody , and
no claim not so presented shall be considered by the California
Victim Compensation and Government Claims Board.
(b) For purposes of subdivision (a), "release from custody" means
release from imprisonment from state prison or from incarceration in
county jail when there is no subsequent parole jurisdiction exercised
by the Department of Correction and Rehabilitation or post-release
jurisdiction under a community corrections program, or when there is
a parole period or postrelease period subject to jurisdiction of a
community corrections program, when that period ends.
SEC. 4. Section 4902 of the Penal Code is amended to read:
4902. Upon presentation of a claim under Section 4900,
the The California Victim Compensation and
Government Claims Board shall determine within 30 days of the
presentation of a claim pursuant to Section 4900 if a hearing is not
necessary pursuant to subdivision (b) of Section 4900. In the event
that a hearing is necessary, the board shall 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. Upon receipt of a response from
the Attorney General, the board shall fix a time and place for
the hearing of the claim, and shall mail notice thereof to the
claimant and to the Attorney General at least 15 days prior to the
time fixed for the hearing. The board shall use reasonable
diligence in setting the date for the hearing and shall attempt to
set the date for the hearing at the earliest date convenient for the
parties and the board.
SEC. 5. Section 4903 of the Penal Code is amended to read:
4903. On such At the hearing the
claimant shall introduce evidence in support of the claim, and the
Attorney General may introduce evidence in opposition thereto. The
claimant must shall prove the facts set
forth in the statement constituting the claim, including the fact
that the crime with which he or she was charged was either not
committed at all, or, if committed, was not committed by him or her,
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, and the pecuniary injury sustained by him or
her through his or her erroneous conviction and imprisonment.
For purposes of this chapter, 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. The claimant shall bear the burden of proving by a
preponderance of the evidence that the statements were obtained from
an involuntary false confession or involuntary plea.
The Attorney General and the factfinder shall incorporate the factual
findings and determinations, including credibility determinations,
of the court reversing the conviction, in the manner described in
Section 1485.5.