BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 618
                                                                  Page  1


          SENATE THIRD READING
          SB 618 (Leno)
          As Amended  September 3, 2013
          Majority vote 

           SENATE VOTE  :28-10  
           
           PUBLIC SAFETY       7-0         APPROPRIATIONS      12-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Bocanegra,         |
          |     |Jones-Sawyer, Mitchell,   |     |Bradford,                 |
          |     |Quirk, Skinner, Waldron   |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Holden, Pan, Quirk, Weber |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Streamlines the process for compensating persons who  
          have been exonerated after being wrongfully convicted and  
          imprisoned.  Specifically,  this bill  :

          1)Provides if a person has secured a declaration of factual  
            innocence from the court after having his or her conviction  
            set aside, the finding shall be sufficient grounds for payment  
            of compensation for a claim against the state to the  
            California Victim Compensation and Government Claims Board  
            (VCGCB). 

          2)States, upon application by the person, VCGCB shall, without a  
            hearing, recommend to the Legislature that an appropriation be  
            made and the claim paid.

          3)Specifies that if the declaration of factual innocence is  
            granted pursuant to a stipulation of the prosecutor, VCGCB has  
            the duty to recommend to the Legislature payment of the claim  
            without a hearing.

          4)Provides if the district attorney or Attorney General (AG)  
            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 AG, the factfinder, and VCGCB.








                                                                  SB 618
                                                                  Page  2



          5)Requires the district attorney to provide notice to the AG  
            prior to entering into a stipulation of facts that will be the  
            basis for granting of a writ of habeas corpus or a motion to  
            vacate a judgment.

          6)States that the express factual findings made by the court,  
            including credibility determinations, in considering a  
            petition for habeas corpus, a motion to vacate judgment, or an  
            application for a certificate of factual innocence, shall be  
            binding on the AG, the factfinder, and VCGCB.

          7)Specifies that "express factual findings" are findings  
            established as the basis for the court's ruling or order.

          8)States in a contested proceeding, 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 new evidence on the  
            petition points unerringly to innocence, VCGCB shall, upon  
            application by the petitioner, without a hearing, recommend to  
            the Legislature that an appropriation be made and the claim  
            paid to the petitioner.

          9)Specifies circumstances under which a petitioner may move for  
            a finding of innocence by a preponderance of the evidence 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 states that no presumption shall be made in any other  
            proceeding for failure to make a motion or obtain a favorable  
            ruling on the motion.

          10)States that if the court makes a finding that the petitioner  
            has proven his or her innocence by a preponderance of the  
            evidence as specified, VCGCB shall, without a hearing,  
            recommend to the Legislature that an appropriation be made and  
            the claim paid to the petitioner.

          11)Provides if a federal court, after granting a writ of habeas  
            corpus, pursuant to a non-statutory motion or request, finds a  
            petitioner innocent by no less than a preponderance of the  
            evidence that the crime with which he or she was charged was  








                                                                  SB 618
                                                                  Page  3


            either not committed at all or, if committed, was not  
            committed by him or her, VCGCB shall, without a hearing,  
            recommend to the Legislature that an appropriation be made and  
            the claim paid.

          12)Defines "new evidence" as evidence that was not available or  
            known at the time of trial that completely undermines the  
            prosecution case and points unerringly to innocence.

          13)Authorizes a person incarcerated in county jail for a felony  
            conviction to file a claim to VCGCB for the pecuniary injury  
            sustained by him or her through his or her erroneous  
            conviction and imprisonment or incarceration.

          14)Clarifies that the two-year statute of limitations for filing  
            a claim to VCGCB starts to toll after judgment of acquittal,  
            or after pardon granted, or after release from custody.

          15)States that a claimant may not file a claim for compensation  
            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 the complaint or  
            information has been dismissed no more than one time pursuant  
            to a dismissal.

          16)Provides that if the claimant is a person has had his or her  
            conviction reversed in a habeas corpus proceeding or secured a  
            declaration of factual innocence, VCGCB shall, within 30 days  
            of the presentation of the claim, calculate the compensation  
            for the claimant and recommend to the Legislature payment of  
            that sum.

          17)Specifies if the claimant is not a person who has had his or  
            her conviction reversed in a habeas corpus proceeding or  
            secured a declaration of factual innocence, the AG shall  
            respond to the claim within 60 days of the order, or request  
            an extension of time, upon a showing of good cause.   

          18)States upon receipt of a response from the AG, VCGCB shall  
            fix a time and place for the hearing of the claim, and shall  
            mail notice thereof to the claimant and to the AG and the  
            claimant at least 15 days prior to the time fixed for the  
            hearing.  VCGCB shall use reasonable diligence in setting the  
            date for the hearing and shall attempt to set the date for the  








                                                                  SB 618
                                                                  Page  4


            hearing at the earliest date convenient for the parties and  
            the board.

          19)Provides if the time period for response elapses without a  
            request for an extension or a response from the AG, VCGCB  
            shall fix a time and place for the hearing of the claim, mail  
            notice 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.

          20)States in a hearing before VCGCB, the factual findings and  
            credibility determinations establishing the court's basis for  
            granting a writ of habeas corpus, a motion for a new trial, or  
            an application for a certificate of factual innocence shall be  
            binding on the AG, the factfinder, and VCGCB.

          21)States that VCGCB shall deny payment of any claim if VCGCB  
            finds by a preponderance of the evidence that a claimant pled  
            guilty with specific intent to protect another from  
            prosecution for the underlying conviction for which the  
            claimant is seeking compensation.

          22)Deletes the requirement under current law that the claimant  
            must introduce evidence to prove the fact 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.

           EXISTING LAW  : 

          1)Requires the judge to order that the records in a case be  
            sealed, including any record of arrest or detention, whenever  
            a person's conviction is set aside based upon a determination  
            that the person was factually innocent of the charge. 

          2)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 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  








                                                                  SB 618
                                                                  Page  5


            any part thereof for which he or she was imprisoned, may, as  
            specified, present a claim against the state to VCGCB for the  
            pecuniary injury sustained by him or her through the erroneous  
            conviction and imprisonment.  

          3)States that a VCGCB hearing, the claimant shall introduce  
            evidence in support of the claim, and the AG may introduce  
            evidence in opposition thereto.  The claimant must prove the  
            facts set forth in the statement constituting the claim,  
            including the following:

             a)   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; 

             b)   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, 

             c)   The pecuniary injury sustained by him or her through his  
               or her erroneous conviction and imprisonment.  

          4)States if the evidence proves all of the above, VCGCB shall  
            report the facts of the case and its conclusions to the  
            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 $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.  

          5)Provides that a person no longer unlawfully imprisoned may  
            prosecute a motion to vacate judgment for newly discovered  
            evidence, as specified.  

          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Unknown, potentially significant, annual General Fund (GF)  
            costs to the extent streamlining the process for erroneous  
            conviction claims accelerates payment and increases the  








                                                                  SB 618
                                                                  Page  6


            frequency of successful claims. 

          Since 2001, VCGCB has heard 62 erroneous conviction claims,  
            approving 11.  The Legislature subsequently appropriated $3.5  
            million for 10 of the claims, based on the statutory $100 per  
            day of wrongful incarceration.  (In 2007, a VCGCB-approved  
            claim for $74,600 failed to receive a 2/3 vote in the Senate.   
            The claimant had been convicted of rape and murder and it was  
            subsequently determined the murder conviction was erroneous.   
            This claimant ultimately prevailed - to a greater degree - in  
            civil court.)  For order of magnitude purposes, based on the  
            past 12 years, if this bill increased the percentage of  
            successful claims heard by 30%, the annual cost increase would  
            be about $500,000. 

          2)Minor savings to the VCGCB as a result of potentially fewer  
            hearings, more than offset by the potential increase in  
            claims.

          3) Unknown, potentially moderate GF net costs, potentially in  
            the hundreds of thousands of dollars, for increased Department  
            of Justice (DOJ) legal workload as a result of the required  
            60-day response to a claim when a claimant has not had a  
            conviction reversed or secured a declaration of factual  
            innocence.  (DOJ could also request an extension.) 

          These costs would be offset to an unknown degree by reduced  
            workload in terms of cases that DOJ would no longer need to  
            review and process.   

           COMMENTS  :   According to the author, "Under our current system,  
          an innocent person must go through the intensely arduous task of  
          proving their innocence in a full court hearing by completely  
          dismantling the state's case.  And then, he or she must start  
          again from scratch in a completely new and separate  
          administrative process - a process in which the innocence that  
          he or she has previously proven is ignored or discounted and the  
          rules of evidence of a trial court do not apply.  It's like  
          winning a marathon, only to find that the prize for winning is  
          to run an ultra-marathon, at the end of which you are likely to  
          get nothing. 

          "Inmates are often exonerated and released with much fanfare and  
          publicity.  However, after their fifteen minutes of fame are  








                                                                  SB 618
                                                                  Page  7


          over, the exonerated are left with scars from years of pain and  
          frustration spent fighting a system that often fails to  
          acknowledge its mistakes and even more rarely offers an apology.  
           Although many of the exonerated possess unfathomable courage,  
          determination, and heart, they often lack the resources and  
          skills to muster their way unassisted through the labyrinth of  
          requirements necessary to see their compensation claim through. 

          "SB 618 addresses this problem by creating a fair and efficient  
          review process that reduces a number of obstacles that continue  
          to prevent eligible exonerees from gaining access to meaningful  
          compensation for their unlawful imprisonment.

          "These changes will make the system:

             a)   "More efficient by accelerating the procedure for  
               resolving claims to provide meaningful, speedy relief to  
               innocent individuals trying to get back on their feet;

             b)   "Less expensive by saving taxpayer money spent on years  
               of costly litigation where innocence has already been  
               proven, and saving exonerees countless hours retrying their  
               case when the conviction has been overturned and their  
               release granted by a court;

             c)   "More streamlined by focusing the VCGCB's work on those  
               claims which are actually in need of evaluation, and  
               allowing automatic approval of claims where innocence has  
               already been proven;

             d)   "More consistent by ensuring the VCGCB's determinations  
               to grant or deny compensation claims are based on the same  
               facts and rules of evidence established by the court that  
               reversed the conviction, found them innocent, and granted  
               their release

          "Although, we can never restore the years lost and the hardship  
          and human suffering perpetrated on the wrongfully convicted and  
          their families, at a minimum, we could at least process their  
          claims fairly and timely."

          Please see the policy committee analysis for a full discussion  
          of this bill.  









                                                                 SB 618
                                                                  Page  8



          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


                                                                FN: 0002176