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 definebegin insert release fromend insert 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 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, 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 specified.
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. The bill wouldbegin delete authorizeend deletebegin insert requireend insert the board to deny a claimbegin delete where a claimant has been convicted of fraud or obstruction of justice relating to the underlying conviction for which the claimant seeks compensationend deletebegin insert if the board finds by a preponderance of the evidence that a claimant willfully plead guilty to protect the prosecution of another for the underlying conviction for which the claimant is seeking compensationend 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 851.865 is added to the Penal Code, to
2read:
(a) Ifbegin delete the claimantend deletebegin insert a personend insert has secured a declaration
4of factual innocence from the court pursuant to Section 851.8 or
5851.86, the finding shall be sufficient grounds for payment of
6compensation for a claim made pursuant to Section 4900. Upon
7application by thebegin delete petitionerend deletebegin insert personend insert, the California Victim
8Compensation and Government Claims Board shall, without a
9hearing, recommend to the
Legislature that an appropriation be
10made and the claim paid pursuant to Section 4904.
11(b) If the declaration of factual innocence is granted pursuant
12to a stipulation of the prosecutor, the duty of the board to, without
13a hearing, recommend to the Legislature payment of the claim,
14shall apply.
Section 1485.5 is added to the Penal Code, to read:
(a) If the district attorney or Attorney General
2stipulates to or does not contest the factual allegations underlying
3one or more of the grounds for granting a writ of habeas corpus
4or a motion to vacate a judgment, those facts shall be binding on
5the Attorney General, the factfinder, and thebegin delete boardend deletebegin insert California
6Victim Compensation and Government Claims Boardend insert.
7(b) Factual findings made by the court, including credibility
8determinations, in considering a petition for habeas corpus, a
9motion for new trial
pursuant to Section 1473.6, or an application
10for a certificate of factual innocence, shall be binding on the
11Attorney General, the factfinder, and thebegin delete boardend deletebegin insert California Victim
12Compensation and Government Claims Boardend insert.
Section 1485.55 is added to the Penal Code, to read:
begin insert(a)end insertbegin insert end insertIf the court grants a writ of habeas corpus
15concerning a person who is unlawfully imprisoned or restrained,
16or when, pursuant to Section 1473.6, the court vacates a judgment
17for a person on the basis of newly discovered evidence concerning
18a person who is no longer unlawfully imprisoned or restrained,
19and if the court finds that the evidence on the petition points
20unerringly to innocence, that finding shall be binding on the
21California Victim Compensation and Government Claims Board
22for a claim presentedbegin delete pursuant to subdivision (a)end deletebegin insert
to the boardend insert, and
23upon application by thebegin delete petitionerend deletebegin insert personend insert, the board shall, without
24a hearing, recommend to the Legislature that an appropriation be
25made and the claim paid pursuant to Section 4904.
26(b) If the court grants a writ of habeas corpus concerning a
27person who is unlawfully imprisoned or restrained on any ground
28other than new evidence that points unerringly to innocence or
29actual innocence, the petitioner may move for a finding of
30innocence by a preponderance of the evidence.
31(c) If the court vacates a judgment pursuant to Section 1473.6,
32on any ground other than new evidence that points unerringly to
33innocence or actual innocence, the petitioner may move for a
34finding of innocence by a preponderance of the evidence.
35(d) If the court makes a finding that the petitioner has proven
36his or her innocence by a preponderance of the evidence pursuant
37to subdivision (b) or (c), the board shall, without a hearing,
38recommend to the Legislature that an appropriation be made and
39the claim paid pursuant to Section 4904.
P5 1(e) No presumption shall exist in any other proceeding for
2failure to make a motion or obtain a favorable ruling pursuant to
3subdivision (b) or (c).
4(f) If a federal court, after granting a writ of habeas corpus,
5pursuant to a
nonstatutory motion or request, finds a petitioner
6innocent by no less than a preponderance of the evidence, the
7board shall, without a hearing, recommend to the Legislature that
8an appropriation be made and the claim paid pursuant to Section
94904.
Section 4900 of the Penal Code is amended to read:
Any person who, having been convicted of any crime
12against the state amounting to a felony and imprisoned in the state
13prison or incarcerated in county jail pursuant to subdivision (h) of
14Section 1170 for that conviction, is granted a pardon by the
15Governor for the reason that the crime with which he or she was
16charged was either not committed at all or, if committed, was not
17committed by him or her, or who, being innocent of the crime with
18which he or she was charged for either of the foregoing reasons,
19shall have served the term or any part thereof for which he or she
20was imprisoned in state prison or incarcerated in county jail, may,
21under the conditions provided under this chapter, present a claim
22against the state to the
California Victim Compensation and
23Government Claims Board for the pecuniary injury sustained by
24him or her through the erroneous conviction and imprisonment or
25incarceration.
Section 4901 of the Penal Code is amended to read:
(a) A claim under Section 4900, accompanied by a
28statement of the facts constituting the claim, verified in the manner
29provided for the verification of complaints in civil actions, is
30required to be presented by the claimant to the California Victim
31Compensation and Government Claims Board within a period of
32two years after judgment of acquittal or discharge given, or after
33pardon granted, or after release from custody, and no claim not so
34presented shall be considered by the California Victim
35Compensation and Government Claims Board.
36(b) For purposes of subdivision (a), “release from custody”
37means release from imprisonment from state prison or from
38incarceration in county jail when
there is no subsequent parole
39jurisdiction exercised by the Department of Correction and
40Rehabilitation or postrelease jurisdiction under a community
P6 1corrections program, or when there is a parole period or postrelease
2period subject to jurisdiction of a community corrections program,
3when that period ends.
4(c) A person may not file a claim under Section 4900 until 60
5days have passed since the date of reversal of conviction or
6granting of the writ, or while the case is pending upon an initial
7refiling, or until a complaint or information has been dismissed a
8single time.
Section 4902 of the Penal Code is amended to read:
If the provisions of Section 861.865 orbegin delete Sectionend delete 1485.55
11apply in any claim, the California Victim Compensation and
12Government Claims Board shall, within 30 days of the presentation
13of the claim, calculate the compensation for the claimant pursuant
14to Section 4904 and recommend to the Legislature payment of that
15sum. As to any claim to which Section 861.865 or 1485.55 does
16not apply, the board shall order the Attorney General to respond
17to the claim within 60 days of the date of the order, or to request
18an extension of time, upon a showing of good cause, to file a
19response. Upon receipt of a response from the Attorney General,
20the board shall fix
a time and place for the hearing of the claim,
21and shall mail notice thereof to the claimant and to the Attorney
22General at least 15 days prior to the time fixed for the hearing. The
23board shall use reasonable diligence in setting the date for the
24hearing and shall attempt to set the date for the hearing at the
25earliest date convenient for the parties and the board.
Section 4903 of the Penal Code is amended to read:
(a) At the hearing the claimant shall introduce evidence
28in support of the claim, and the Attorney General may introduce
29evidence in opposition thereto. The claimant shall prove the facts
30set forth in the statement constituting the claim, including the fact
31that the crime with which he or she was charged was either not
32committed at all, or, if committed, was not committed by him or
33her, and the pecuniary injury sustained by him or her through his
34or her erroneous conviction and imprisonment.
35(b) The Attorney General, the factfinder, and the board shall
36incorporate and be consistent with the factual findings and
37determinations, including credibility determinations, of the court
38which
heard the petition for habeas corpus, a motion for new trial
39pursuant to Section 1473.6, or an application for a certificate of
40factual innocence as described in Section 1485.5.
P7 1(b) The factual findings and credibility determinations
2underlying the granting of a writ of habeas corpus, a motion for
3new trial pursuant to Section 1473.6, or an application for a
4certificate of factual innocence as described in Section 1485.5
5shall be binding on the Attorney General, the factfinder, and the
6board.
7(c) The boardbegin delete mayend deletebegin insert shallend insert
deny payment of any claim wherebegin delete a begin insert
the board finds by a preponderance of the evidence that
8claimant has been convicted of fraud or obstruction of justice
9relating toend delete
10a claimant willfully plead guilty to protect the prosecution of
11another for end insertthe underlying conviction for which the claimant is
12seeking compensation.
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