SB 618, as amended, 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 billbegin delete 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,end delete 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 responsebegin insert,
except in those cases involving a finding of factual innocence, as specified, or a finding by the court that facts point unerringly to innocence, as specified. The bill would require the board in those cases to calculate the compensation for the claimant within 30 days of presentation of the claim, as specified, and recommend to the Legislature the payment of that sum, as specifiedend insert.
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.begin insert The bill would authorize the board to deny a claim where a claimant has been convicted of fraud or obstruction of justice relating to the underlying conviction for which the claimant seeks compensation.end insert
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.
P4 1(b) If the claimant has secured a declaration of factual innocence
2from the court pursuant to Section 851.8 or 851.86, the finding
3shall be certain grounds for payment of compensation for a claim
4made pursuant to Section 4900. Upon application by the petitioner,
5the California Victim Compensation and Government Claims
6Board shall, without a hearing, recommend to the Legislature that
7an appropriation be made and the claim paid pursuant to Section
84904.
begin insertSection 851.865 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
10read:end insert
(a) If the claimant has secured a declaration of
12factual innocence from the court pursuant to Section 851.8 or
13851.86, the finding shall be sufficient grounds for payment of
14compensation for a claim made pursuant to Section 4900. Upon
15application by the petitioner, the California Victim Compensation
16and Government Claims Board shall, without a hearing,
17recommend to the Legislature that an appropriation be made and
18the claim paid pursuant to Section 4904.
19(b) If the declaration of factual innocence is granted pursuant
20to a stipulation of the prosecutor, the duty of the board to, without
21a hearing, recommend to the Legislature payment of the claim,
22shall apply.
Section 1485.5 is added to the Penal Code, to read:
(a) If the district attorney or Attorney General
25stipulates to or does not contest the factual allegations underlying
26one or more of the grounds for granting a writ of habeas corpus
27or a motion to vacate a judgment, those facts shall be binding on
28the Attorney General, the factfinder, and the board.
29(b) Factual findings made by the court, including credibility
30determinations, in considering a petition for habeas corpus, a
31motion for new trial pursuant to Section 1473.6, or an application
32for a certificate of factual innocence, shall be binding on the
33Attorney General, the factfinder, and the board.
Section 1485.55 is added to the Penal Code, to read:
If the court grants a writ of habeas corpus concerning
36a person who is unlawfully imprisoned or restrained, or when,
37pursuant to Section 1473.6, the court vacates a judgment for a
38person on the basis of newly discovered evidence concerning a
39person who is no longer unlawfully imprisoned or restrained, and
40if the court finds that the evidence on the petition points unerringly
P5 1to innocence, that finding shall be binding on the California Victim
2Compensation and Government Claims Board for a claim
3presented pursuant to subdivision (a), and upon application by
4the petitioner, the board shall, without a hearing, recommend to
5the Legislature that an appropriation be made and the claim paid
6pursuant to Section 4904.
Section 4900 of the Penal Code is amended to read:
begin delete(a)end deletebegin delete end deleteAny person who, having been convicted of any crime
10against the state amounting to a felony and imprisoned in the state
11prison or incarcerated in county jail pursuant to subdivision (h) of
12Section 1170 for that conviction, is granted a pardon by the
13Governor for the reason that the crime with which he or she was
14charged was either not committed at all or, if committed, was not
15committed by him or her, or who, being innocent of the crime with
16which he or she was charged for either of the foregoing reasons,
17shall have served the term or any part thereof for which he or she
18was imprisoned in state prison or incarcerated in county
jail, may,
19under the conditions provided under this chapter, present a claim
20against the state to the California Victim Compensation and
21Government Claims Board for the pecuniary injury sustained by
22him or her through the erroneous conviction and imprisonment or
23incarceration.
24(b) If the court grants a writ of habeas corpus concerning a
25person who is unlawfully imprisoned or restrained, or when,
26pursuant to Section 1473.6, the court vacates a judgment for a
27person on the basis of newly
discovered evidence concerning a
28person who is no longer unlawfully imprisoned or restrained, and
29if the court finds that the evidence on the petition points unerringly
30to innocence, that finding shall be binding on the California Victim
31Compensation and Government Claims Board for a claim presented
32pursuant to subdivision (a), and upon application by the petitioner,
33the California Victim Compensation and Government Claims
34Board shall, without a hearing, recommend to the Legislature that
35an appropriation be made and the claim paid pursuant to Section
364904.
Section 4901 of the Penal Code is amended to read:
(a) A claim under Section 4900, accompanied by a
40statement of the facts constituting the claim, verified in the manner
P6 1provided for the verification of complaints in civil actions, is
2required to be presented by the claimant to the California Victim
3Compensation and Government Claims Board within a period of
4two years after judgment of acquittal or discharge given, or after
5pardon granted, or after release from custody, and no claim not so
6presented shall be considered by the California Victim
7Compensation and Government Claims Board.
8(b) For purposes of subdivision (a), “release from custody”
9means release from imprisonment from state prison or from
10incarceration in county jail when there is no subsequent parole
11jurisdiction exercised by the Department of Correction
and
12Rehabilitation or postrelease jurisdiction under a community
13corrections program, or when there is a parole period or postrelease
14period subject to jurisdiction of a community corrections program,
15when that period ends.
Section 4902 of the Penal Code is amended to read:
begin deleteThe end deletebegin insertIf the provisions of Section 861.865 or Section
191485.55 apply in any claim, the end insertCalifornia Victim Compensation
20and Government Claims Boardbegin delete shall determine within 30 days of begin insert shall, within 30 days of the
21the presentation of a claim pursuant to Section 4900 if a hearing
22is not necessary pursuant to subdivision (b) of Section 4900. In
23the event that a hearing is necessary,end delete
24presentation of the claim, calculate the compensation for the
25claimant pursuant to
Section 4904 and recommend to the
26Legislature payment of that sum. As to any claim to which Section
27861.865 or 1485.55 does not apply,end insert the board shall order the
28Attorney General to respond to the claim within 60 days of the
29date of the order, or to request an extension of time, upon a
30showing of good cause, to file a response. Upon receipt of a
31response from the Attorney General, the board shall fix a time and
32place for the hearing of the claim, and shall mail notice thereof to
33the claimant and to the Attorney General at least 15 days prior to
34the time fixed for the hearing. The board shall use reasonable
35diligence in setting the date for the hearing and shall attempt to
36set the date for the hearing at the earliest date convenient for the
37parties and the board.
Section 4903 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insertAt the hearing the claimant shall introduce evidence
2in support of the claim, and the Attorney General may introduce
3evidence in opposition thereto. The claimant shall prove the facts
4set forth in the statement constituting the claim, including the fact
5that the crime with which he or she was charged was either not
6committed at all, or, if committed, was not committed by him or
7her, and the pecuniary injury sustained by him or her through his
8or her erroneous conviction and imprisonment.begin delete Theend delete
9begin insert(b)end insertbegin insert end insertbegin insertTheend insert Attorney Generalbegin delete andend deletebegin insert,end insert the factfinderbegin insert, and the boardend insert
10 shall incorporatebegin insert
and be consistent withend insert the factual findings and
11determinations, including credibility determinations, of the court
12begin delete reversing the conviction, in the mannerend deletebegin insert which heard the petition
13for habeas corpus, a motion for new trial pursuant to Section
141473.6, or an application for a certificate of factual innocence as end insert
15 described in Section 1485.5.
16(c) The board may deny payment of any claim where a claimant
17has been convicted of fraud or obstruction of justice relating to
18the underlying conviction for which the claimant is seeking
19compensation.
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