BILL NUMBER: SB 618 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2013
AMENDED IN SENATE APRIL 15, 2013
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
Sections 851.865, 1485.5, and 1485.55 to, the Penal Code, relating
to wrongful convictions.
LEGISLATIVE COUNSEL'S DIGEST
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
release from 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 would
authorize require 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 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 compensation .
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 851.865 is added to the Penal Code, to read:
851.865. (a) If the claimant a person
has secured a declaration of factual innocence from the court
pursuant to Section 851.8 or 851.86, the finding shall be sufficient
grounds for payment of compensation for a claim made pursuant to
Section 4900. Upon application by the petitioner
person , 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.
(b) If the declaration of factual innocence is granted pursuant to
a stipulation of the prosecutor, the duty of the board to, without a
hearing, recommend to the Legislature payment of the claim, shall
apply.
SEC. 2. Section 1485.5 is added to the Penal Code, to read:
1485.5. (a) If the district attorney or Attorney General
stipulates to or does not contest the factual allegations underlying
one or more of the grounds for granting a writ of habeas corpus or a
motion to vacate a judgment, those facts shall be binding on the
Attorney General, the factfinder, and the board
California Victim Compensation and Government Claims Board
.
(b) Factual findings made by the court, including credibility
determinations, in considering a petition for habeas corpus, a motion
for new trial pursuant to Section 1473.6, or an application for a
certificate of factual innocence, shall be binding on the Attorney
General, the factfinder, and the board
California Victim Compensation and Government Claims Board .
SEC. 3. Section 1485.55 is added to the Penal Code, to read:
1485.55. (a) 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)
to the board , and upon application by the petitioner
person , the board shall, without a hearing,
recommend to the Legislature that an appropriation be made and the
claim paid pursuant to Section 4904.
(b) If the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained on any ground other
than new evidence that points unerringly to innocence or actual
innocence, the petitioner may move for a finding of innocence by a
preponderance of the evidence.
(c) If the court vacates a judgment pursuant to Section 1473.6, on
any ground other than new evidence that points unerringly to
innocence or actual innocence, the petitioner may move for a finding
of innocence by a preponderance of the evidence.
(d) If the court makes a finding that the petitioner has proven
his or her innocence by a preponderance of the evidence pursuant to
subdivision (b) or (c), the board shall, without a hearing, recommend
to the Legislature that an appropriation be made and the claim paid
pursuant to Section 4904.
(e) No presumption shall exist in any other proceeding for failure
to make a motion or obtain a favorable ruling pursuant to
subdivision (b) or (c).
(f) If a federal court, after granting a writ of habeas corpus,
pursuant to a nonstatutory motion or request, finds a petitioner
innocent by no less than a preponderance of the evidence, the board
shall, without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid pursuant to Section 4904.
SEC. 4. Section 4900 of the Penal Code is amended to read:
4900. 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.
SEC. 5. 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, 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 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 postrelease
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.
(c) A person may not file a claim under Section 4900 until 60 days
have passed since the date of reversal of conviction or granting of
the writ, or while the case is pending upon an initial refiling, or
until a complaint or information has been dismissed a single time.
SEC. 6. Section 4902 of the Penal Code is amended to read:
4902. If the provisions of Section 861.865 or Section
1485.55 apply in any claim, the California Victim
Compensation and Government Claims Board shall, within 30 days of the
presentation of the claim, calculate the compensation for the
claimant pursuant to Section 4904 and recommend to the Legislature
payment of that sum. As to any claim to which Section 861.865 or
1485.55 does not apply, 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. 7. Section 4903 of the Penal Code is amended to read:
4903. (a) 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 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,
and the pecuniary injury sustained by him or her through his or her
erroneous conviction and imprisonment.
(b) The Attorney General, the factfinder, and the board shall
incorporate and be consistent with the factual findings and
determinations, including credibility determinations, of the court
which heard the petition for habeas corpus, a motion for new trial
pursuant to Section 1473.6, or an application for a certificate of
factual innocence as described in Section 1485.5.
(b) The factual findings and credibility determinations underlying
the granting of a writ of habeas corpus, a motion for new trial
pursuant to Section 1473.6, or an application for a certificate of
factual innocence as described in Section 1485.5 shall be binding on
the Attorney General, the factfinder, and the board.
(c) The board may shall deny payment
of any claim where a claimant has been convicted of fraud
or obstruction of justice relating to 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 compensation.