BILL ANALYSIS Ó AB 165 Page 1 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: AB 165 Page 2 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 AB 165 Page 3 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 AB 165 Page 4 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. / AB 165 Page 5 (916) 319-2081 FN: 0000140