Amended in Assembly September 3, 2013

Amended in Assembly June 27, 2013

Amended in Senate April 15, 2013

Senate Bill No. 618

Introduced by Senator Leno

(Principal coauthor: Senator Steinberg)

February 22, 2013

An act to amend Sections 4900, 4901, 4902, begin delete and 4903 end delete begin insert 4903, and 4904 end insert 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 begin insert in a contested proceeding, end insert 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 begin delete for a person end delete on the basis of begin delete newly discovered evidence end delete begin insert new evidence, as defined, end insert concerning a person who is no longer unlawfully imprisoned or restrained, and if the court finds that the begin insert new end insert evidence on the petition points unerringly to innocence, the court’s finding would be binding on the California Victim Compensation and Government Claims Board begin insert for a claim presented to the board end insert . 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.

begin delete

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.

end delete begin insert

The bill would require, in a hearing before the board, that the factual findings and credibility determinations establishing the court’s basis for granting the writ of habeas corpus, a motion for new trial, or an application for a certificate of factual innocence be binding on the Attorney General, the factfinder, and the board.

end insert begin insert

The bill would also provide that 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, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the board. The bill would also require the district attorney to provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment. The bill would also provide that the express factual findings, as defined, made by the court, as specified, shall be binding on the Attorney General, the factfinder, and board.

end insert

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 begin insert instead end insert require the begin delete board to order the end delete Attorney General to respond to the claim within 60 days begin delete of the date of the order, end delete or to request an extension of time, upon a showing of good cause, begin delete to file a response, end delete except begin delete in those cases involving a finding of factual innocence, as specified, or a finding by the court that facts point unerringly to innocence, end delete as specified. begin insert The bill would require the board to fix a time and place for the hearing of the claim, to mail notice to the claimant at least 15 days prior to the time fixed for the hearing, and, if the period for response lapses without a request for extension or a response from the Attorney General, to make a recommendation based on the claimant’s verified claim and any evidence presented by him or her. end insert The bill would begin insert also end insert require the begin delete board in those cases end delete begin insert board, in cases involving a finding of factual innocence, as specified, or a finding by the court that the facts point unerringly to innocence, end insert 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 require the board to deny a claim if the board finds by a preponderance of the evidence that a claimant begin delete willfully plead end delete begin insert pled end insert guilty begin insert with the specific intent end insert to protect begin delete the end delete begin insert another from end insert prosecution begin delete of another end delete for the underlying conviction for which the claimant is seeking compensation.

begin insert

Existing law provides that if the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, and that the claimant did not, by any act or omission, intentionally contribute to the bringing about of his or her arrest or conviction for the crime with which he or she was charged, and that the claimant has sustained pecuniary injury through his or her erroneous conviction and imprisonment, the California Victim Compensation and Government Claims Board shall report the facts of the case and its conclusions to the next Legislature, with a recommendation that an appropriation be made by the Legislature for the purpose of indemnifying the claimant for the pecuniary injury.

end insert begin insert

This bill would remove the requirement on the claimant to prove that he or she did not, by any act or omission, intentionally contribute to the bringing about of his or her arrest or conviction for the crime with which he or she was charged.

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 1.  

Section 851.865 is added to the Penal Code, to
read:

851.865.  

(a) If 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 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, begin delete those end delete begin insert the end insert facts begin insert underlying the
basis for the court’s ruling or order end insert shall be binding on the
Attorney General, the factfinder, and the California Victim
Compensation and Government Claims Board.

begin insert

(b) The district attorney shall provide notice to the Attorney
General prior to entering into a stipulation of facts that will be
the basis for the granting of a writ of habeas corpus or a motion
to vacate a judgment.

end insert begin delete

(b) Factual

end delete

begin insert (c) end insert begin insert   end insert begin insert The express factual end insert findings made by the court, including
credibility determinations, in considering a petition for habeas
corpus, a motion begin delete for new trial end delete begin insert to vacate judgment end insert 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 California Victim Compensation and Government Claims
Board.

begin insert

(d) For the purposes of this section, “express factual findings”
are findings established as the basis for the court’s ruling or order.

end insert

SEC. 3.  

Section 1485.55 is added to the Penal Code, to read:

1485.55.  

(a)  begin delete If end delete begin insert In a contested proceeding, if end insert begin insert end insert 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 begin delete for a person end delete on the basis of begin delete newly
discovered end delete begin insert new end insert evidence concerning a person who is no longer
unlawfully imprisoned or restrained, and if the court finds that begin delete the end delete
begin insert new end insert 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 to the board,
and upon application by the 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 begin insert 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 end insert .

(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 begin insert 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 end insert .

(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 begin insert 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 end insert , the board
shall, without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid pursuant to Section 4904.

begin insert

(g) For the purposes of this section, “new evidence” means
evidence that was not available or known at the time of trial that
completely undermines the prosecution case and points unerringly
to innocence.

end insert

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 begin delete or discharge given, end delete 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.  

begin insert (a) end insert begin insert   end insert If the provisions of Section 861.865 or 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, begin delete the board shall order end delete the Attorney General begin delete to end delete begin insert shall end insert
respond to the claim within 60 days begin delete of the date of the order, end delete or begin delete to end delete
request an extension of time, upon a showing of good begin delete cause, to
file a response. Upon end delete begin insert cause. end insert

begin insert (b) end insert begin insert   end insert begin insert Upon end insert 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.

begin insert

(c) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to
subdivision (a), the board shall fix a time and place for the hearing
of the claim, mail notice thereof to the claimant at least 15 days
prior to the time fixed for the hearing, and make a recommendation
based on the claimant’s verified claim and any evidence presented
by him or her.

end insert

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)  begin delete The end delete begin insert In a hearing before the board, the end insert factual findings and
credibility determinations begin delete underlying the end delete begin insert establishing the court’s
basis for end insert granting begin delete of end delete 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 shall deny payment of any claim begin delete where end delete begin insert if end insert the
board finds by a preponderance of the evidence that a claimant
begin delete willfully plead end delete begin insert pled end insert guilty begin insert with the specific intent end insert to protect begin delete the end delete
begin insert another from end insert prosecution begin delete of another end delete for the underlying conviction
for which the claimant is seeking compensation.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4904 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

4904.  

If the evidence shows that the crime with which the
claimant was charged was either not committed at all, or, if
committed, was not committed by the claimant, begin delete and that the
claimant did not, by any act or omission, intentionally contribute
to the bringing about of his or her arrest or conviction for the crime
with which he or she was charged, end delete and that the claimant has
sustained pecuniary injury through his or her erroneous conviction
and imprisonment, the California Victim Compensation and
Government Claims Board shall report the facts of the case and
its conclusions to the next Legislature, with a recommendation
that an appropriation be made by the Legislature for the purpose
of indemnifying the claimant for the pecuniary injury. The amount
of the appropriation recommended shall be a sum equivalent to
one hundred dollars ($100) per day of incarceration served
subsequent to the claimant’s conviction and that appropriation
shall not be treated as gross income to the recipient under the
Revenue and Taxation Code.