BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 618|
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UNFINISHED BUSINESS
Bill No: SB 618
Author: Leno (D), et al.
Amended: 9/3/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 4/23/13
AYES: Hancock, Anderson, Block, De León, Liu, Steinberg
NOES: Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 28-10, 5/29/13
AYES: Beall, Block, Calderon, Cannella, Corbett, Correa, De
León, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill,
Hueso, Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla,
Pavley, Price, Roth, Steinberg, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Emmerson, Fuller, Gaines, Huff,
Knight, Nielsen, Walters, Wyland
NO VOTE RECORDED: Torres, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Wrongful convictions
SOURCE : California Innocence Project
DIGEST : This bill streamlines and provides clarity to the
process for compensating persons who have been exonerated after
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serving time incarcerated.
Assembly Amendments (1) make clarifying changes; (2) define
"factual findings" and "new evidence;" (3) require notice by the
district attorney to the Attorney General (AG) prior to a
district attorney as it pertains to granting the writ or
vacating the judgment; (4) Provides that a claim is deemed
uncontested by the AG if they do not respond within 60 days and
also do not request an extension of time to respond to the
claimant's petition; and (5) prohibits a claimant from ever
receiving compensation if they willingly pled guilty with the
"specific intent" to protect another from prosecution.
ANALYSIS :
Existing law:
1. Provides that where a person has been arrested for a crime
but no accusatory pleading has been filed, he/she may
petition the arresting agency to destroy the arrest records.
2. The law enforcement agency having jurisdiction over the
arrest shall, upon a determination that the person is
factually innocent, seal its records and notify the
Department of Justice.
3. Provides that a finding of factual innocence and an order
for the sealing and destruction of records shall not be made
unless the court finds that no reasonable cause exists to
believe that the arrestee committed the offense for which the
arrest was made.
4. Provides that notwithstanding any other provision of law,
the governmental entity shall retain all biological material
for the period that any person remains incarcerated in
connection with the case, in a condition suitable for DNA
testing.
5. Includes procedures for the filing and hearing of a petition
for a writ of habeas corpus, which allows a person to
challenge his/her, incarceration or related restraint as
unlawful.
6. Describes specific grounds for a writ of habeas corpus,
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including:
A. False evidence that was material or substantially
probative on the issue of guilt or punishment was
introduced against the person at a trial or hearing related
to the petitioner's incarceration.
B. A person entered a guilty plea based on false physical
evidence that the person entering the plea believed to be
true.
C. The specified grounds for a writ of habeas corpus do not
limit any other valid grounds for the writ or other
available remedies.
1. Provides that a person who is no longer unlawfully
imprisoned or restrained as a result of a criminal conviction
may file a motion to vacate the judgment, as specified.
2. Provides that any person who, having been convicted of a
crime and imprisoned in the state prison, is granted a pardon
by the Governor because the crime with which he/she was
charged either did not occur; or if it did occur, was not
committed by him/her; or who is innocent of the charges for
either of the foregoing reasons, and who has served any part
of the term for which imprisoned may present a claim against
the State to the Victims Compensation and Government Claims
Board (VCGCB) for the pecuniary injury sustained through the
wrongful conviction and imprisonment.
3. Provides that any claim for pecuniary damage for wrongful
imprisonment shall be presented within six months after a
judgment of acquittal or release from imprisonment, and at
least four months prior to the next meeting of the
Legislature.
4. Provides the claimant shall introduce evidence in support of
his/her claim at a hearing before the VCGCB, and the Attorney
General may introduce evidence in opposition thereto. The
claimant must prove the fact that the crime with which he/she
was charged was either not committed at all, or if committed,
was not committed by him/her, the fact that he/she did not,
by any act or omission on his/her part, either intentionally
or negligently, contribute to the bringing about of his/her
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arrest and conviction, and the pecuniary injury sustained by
him/her through his/her erroneous conviction and
imprisonment.
5. Provides a procedure for the appropriation for the purpose
of indemnifying the claimant for pecuniary injury at the rate
of $100 per day of incarceration subsequent to the
defendant's conviction.
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
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 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.
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.
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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
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
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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 hearing at the earliest date convenient for the parties
and the VCGCB.
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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Unknown, potential increase in General Fund
appropriations for payment of approved claims for
compensation to exonerees potentially in the hundreds of
thousands to millions of dollars in any one year to the
extent (1) the streamlined process will result in
compensation being provided sooner than otherwise would
occur under existing law, and, (2) claims will be paid to
persons currently ineligible for compensation under
existing law. Annual costs will vary based on the number
of claims filed that will be impacted by the streamlined
review process, expanded eligibility criteria and extended
filing timeline, as well as the duration of unlawful
imprisonment specific to each individual. Since 2002, 10
claims have been paid ranging in amount from $17,000 to
$757,000, with an average compensation of $354,000.
Potential reduction in Attorney General (AG) workload to
the extent a small number of claims meeting the high
standard of unerring or factual innocence do not require AG
analysis and court-determined facts do not need to be
re-litigated at VCGCB hearings.
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There will also be an offsetting potential increase in
AG workload resulting from the establishment of the 60-day
response period to claims in conjunction with a potential
moderate increase in claims under the expanded eligibility
provisions and extended filing period. To the extent the
binding nature of facts determined in habeas corpus
proceedings or motions to vacate judgment prompt extended
litigation, could also increase AG costs.
Potential reduction in workload to the VCGCB to the
extent a reduced number of hearings are required under the
streamlined process, which could be offset in part by the
60-day response period established in this bill, as well as
the potential increase in claims submitted for review under
the expanded eligibility criteria and extended filing
period.
SUPPORT : (Verified 9/10/13)
California Innocence Project (source)
American Civil Liberties Union of California
Amnesty International Group 597, San Diego
California Catholic Conference
Death Penalty Focus
Equal Justice Society
Friends Committee on Legislation
Innocence Project of Northern California at Santa Clara
University School of Law
Innocence Project of Southern California
John Van De Kamp, Chair, California Commission on the Fair
Administration
of Justice
San Diego Coalition of SAFE California
Southwestern Law School
OPPOSITION : (Verified 9/10/13)
California District Attorneys Association
Crime Victims Action Alliance
ARGUMENTS IN SUPPORT : According to the author:
Under our current system, an innocent person must go
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through the intensely arduous task of proving their
innocence in a full court hearing by completely dismantling
the state's case. And then, he/she must start again from
scratch in a completely new and separate administrative
process - a process in which the innocence that he/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 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.
ARGUMENTS IN OPPOSITION : The California District Attorneys
Association states:
Though much of your bill speaks to situations where a
person has been found to be factually innocent of a crime,
there are other troubling provisions. First, the language
seems to indicate that facts found during a successful
habeas corpus proceeding or in a proceeding where a new
trial is granted would be binding upon the Victim
Compensation and Government Claims Board in terms of making
a decision on compensation. As we read this, a finding by
a court in ordering a new trial (presumably one that casts
doubt on a person's guilt) would be binding upon the Board,
even if the person was convicted in the new trial. This
seems to indicate that a person could be compensated even
if he/she were ultimately convicted in the new proceeding.
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Additionally, it is unclear why the statute of limitations
on bringing a claim should be extended. If the person is
out of physical custody, why should the two-year clock not
start until any post-release supervision has concluded?
Finally, removing the language that requires a claimant to
demonstrate that he/she did not contribute to his/her
arrest or conviction and replacing it with authority for
the Board to deny a claim based on a conviction for fraud
or obstruction of justice is problematic. Even if there is
a basis for such a charge, it may not ultimately be filed
if the underlying crime is a very serious one.
JG:nl:e 9/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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