BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 165


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          ASSEMBLY THIRD READING


          AB  
          165 (Gomez)


          As Amended  April 6, 2015


          2/3 vote.  Urgency.


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                   |Noes                |
          |                |      |                       |                    |
          |                |      |                       |                    |
          |----------------+------+-----------------------+--------------------|
          |Appropriations  |16-0  |Gomez, Bigelow, Bonta, |                    |
          |                |      |Calderon, Chang, Daly, |                    |
          |                |      |Eggman, Gallagher,     |                    |
          |                |      |Eduardo Garcia,        |                    |
          |                |      |Holden, Jones, Quirk,  |                    |
          |                |      |Rendon, Wagner, Weber, |                    |
          |                |      |Wood                   |                    |
           -------------------------------------------------------------------- 


          SUMMARY:  This bill, one of two annual state claims bills  
          introduced pursuant to California Victim Compensation and  
          Government Claims Board (board) determinations and carried by the  
          Appropriations Committee chairs, appropriates $504,744 to pay 110  
          claims against the state as approved by the board, and $968,400 to  
          pay the costs of three erroneous conviction cases.  
          FISCAL EFFECT:












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          1)Appropriates $504,744 ($227,309 General Fund (GF); $277,435  
            special funds) to the board for payment of 110 claims, all of  
            which are stale-dated warrants ranging from $16 to $274,118.   


          2)Appropriates $968,400 GF for payment of board-approved claims  
            for three erroneous conviction cases. 
          COMMENTS: 




          1)Rationale.  The Government Code Section 13928 requires the board  
            to ensure that all claims approved by the board, for which no  
            legally available appropriation exists, are submitted for  
            legislative approval at least twice during each calendar year.   
            In general, the board approves claims in November and February.   

            The re-issuance of stale-dated warrants (expired checks) is the  
            most prevalent claim approved by the board.  For stale-dated  
            warrants, the State Controller must confirm the check was not  
            cashed and that more than three years has passed since the check  
            was issued and the monies have reverted to the General Fund or  
            to the relevant special fund.  For these warrants an  
            appropriation is needed to reissue the payment.  


            In addition to stale-dated warrants, Penal Code Section 4900 et  
            seq. authorizes a person convicted and imprisoned for a felony  
            to submit a claim to the board for pecuniary injury sustained as  
            a result of erroneous conviction and imprisonment.  Pursuant to  
            SB 618 (Leno), Chapter 800, Statutes of 2013, if a person has  
            secured a declaration of factual innocence from the court after  
            having his or her conviction set aside, the finding is grounds  
            for payment of a claim against the state and upon application by  
            the petitioner, the board shall, without a hearing, recommend to  
            the Legislature an appropriation to cover the claim.  Likewise,  
            if the court finds the petitioner has proven his or her  
            innocence by a preponderance of the evidence, or the court  








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            grants a writ of habeas corpus concerning a person who is  
            unlawfully imprisoned, or when the court vacates a judgment for  
            a person on the basis of new evidence concerning a person who is  
            no longer unlawfully imprisoned, and the court finds the  
            evidence points unerringly to innocence, the board shall, upon  
            application by the claimant, without a hearing, recommend to the  
            Legislature an appropriation to cover the petitioner's claim.


            Otherwise, a claimant is required to introduce evidence in  
            support of his or her claim at a hearing before the board, and  
            the Attorney General may introduce evidence in opposition.  The  
            claimant must prove, by a preponderance of the evidence:  a) the  
            crime was not committed at all, or, if committed, was not  
            committed by the claimant; b) the claimant did not contribute to  
            the arrest or conviction for the crime; and c) the claimant  
            sustained pecuniary injury though the erroneous conviction and  
            imprisonment. 


            If a claimant meets the burden of proof, the board shall  
            recommend to the Legislature an appropriation of $100 per day of  
            incarceration served in a state prison subsequent to the  
            claimant's conviction.




          2)Support.  This bill, supported by the board, the Department of  
            Finance, and the administration, has no opposition.


          3)Erroneous Conviction Claims.


             a)   Ronald Ross, binding finding of factual innocence,  
               $229,300.  Mr. Ross was convicted of premeditated attempted  
               murder and assault with a firearm in 2006.  In February 2012,  
               more than five years after his conviction, Mr. Ross filed a  








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               habeas corpus petition.  Based on new testimony, the Alameda  
               County District Attoney's Office believed that false evidence  
               was used against Mr. Ross and supported the petition.  On  
               February 20, 2013, the court granted the writ.  


             b)   Susan Mellen, binding finding of factual innocence,  
               $597,200.  In 1998, Ms. Mellen was convicted of first degree  
               murder, and the jury found true to special circumstances  
               allegation that she tortured the victim.  On September 18,  
               2014, Innocence Matters filed a habeas corpus petition  
               asserting Ms. Mellen was factually innocent.  On October 10,  
               2014, the Los Angeles District Attorney's Office conceded the  
               merits of the petition and on November 21, 2014, the court  
               granted the petition and reversed the conviction.


             c)   Brian Banks, binding finding of factual innocence,  
               $142,200.  On January 22, 2003, 16-year-old old Brian Banks  
               was charged with forcible rape, forcible sodomy, and  
               kidnapping.  On August 20, 2003, Mr. Banks pled no contest to  
               the charge of forcible rape and was sentenced to six years in  
               prison.  In 2006, Mr. Banks filed a habeas corpus petition,  
               but it was denied based on vagueness, failure to state a  
               claim, and failure to raise issues on direct appeal.  On  
               August 15, 2011, Mr. Banks filed a habeas corpus petition and  
               the court granted the petition on May 24, 2012, reversing the  
               rape conviction and all charges were dismissed.   


          4)Prior Legislation.  The two 2014 claims bills, AB 1617 (Gatto),  
            Chapter 303, Statutes of 2014, appropriated $2.2 million and  
            passed this house 76-0 and passed the Senate 35-0; and SB 1031  
            (De León), Chapter 313, Statutes of 2014, appropriated $1.1  
            million and passed the Assembly on a vote of 61-15 and the  
            Senate on a vote of 27-3.  


           Analysis Prepared by:                  Pedro Reyes / APPR. /  








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          (916) 319-2081                                     FN: 0000140