Amended in Senate September 1, 2015

Amended in Assembly June 1, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 672

Introduced by Assembly Member Jones-Sawyer

February 25, 2015

An act to amend Section 3007.05 of the Penal Code, and to add Section 14903 to the Vehicle Code, relating to inmates.

LEGISLATIVE COUNSEL’S DIGEST

AB 672, as amended, Jones-Sawyer. Inmates: wrongful convictions: assistance upon release.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered “eligible” for these purposes.

This bill would require the Department of Corrections and Rehabilitation to assist a person who begin delete was wrongfully convicted end delete begin insert is exonerated as to a conviction for which he or she is serving a state prison sentence at the time of exoneration end insert with transitional services, including housing assistance, job training, and mental health services, as applicable. The extent of the services would be determined by the department and would be provided for a period of not less than 6 months and not more than one year from the date of release.

Existing law requires the Department of Motor Vehicles to collect specified fees for the issuance, renewal, or replacement of a driver’s license or identification card.

This bill would exempt from payment of those fees a person who was begin delete wrongfully convicted end delete begin insert exonerated end insert and was released from state prison or county jail within the previous 6 months.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known, and may be cited, as
Obie’s Law. end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 3007.05 of the Penal Code is amended to read:

3007.05.  

(a) The Department of Corrections and Rehabilitation
and the Department of Motor Vehicles shall ensure that all eligible
inmates released from state prisons have valid identification cards,
issued pursuant to Article 5 (commencing with Section 13000) of
Chapter 1 of Division 6 of the Vehicle Code.

(b) For purposes of this section, “eligible inmate” means an
inmate who meets all of the following requirements:

(1) The inmate has previously held a California driver’s license
or identification card.

(2) The inmate has a usable photo on file with the Department
of Motor Vehicles that is not more than 10 years old.

(3) The inmate has no outstanding fees due for a prior California
identification card.

(4) The inmate has provided, and the Department of Motor
Vehicles has verified, all of the following information:

(A) The inmate’s true full name.

(B) The inmate’s date of birth.

(C) The inmate’s social security number.

(D) The inmate’s legal presence in the United States.

(c) The begin delete department end delete begin insert Department of Corrections and
Rehabilitation end insert shall assist a person who begin delete was wrongfully convicted end delete
begin insert is exonerated as to a conviction for which he or she is serving a
state prison sentence at the time of exoneration end insert with transitional
services, including housing assistance, job training, and mental
health services, as applicable. The extent of the services shall be
determined by the department and shall be provided for a period
of not less than six months and not more than one year from the
date of release.

begin insert

(d) For the purposes of this section, “exonerated” means the
person has been convicted and subsequently either of the following
occurred:

end insert begin insert

(1) A writ of habeas corpus concerning the person was granted
on the basis that the evidence unerringly points to innocence, or
the person’s conviction was reversed on appeal on the basis of
insufficient evidence.

end insert begin insert

(2) The person was given an absolute pardon by the governor
on the basis that the person was innocent.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 14903 is added to the Vehicle Code, to read:

14903.  

A fee shall not be charged for an original, renewal, or
replacement driver’s license or identification card issued to any
person who was begin delete wrongfully convicted end delete begin insert exonerated, as defined in
Section 3007.05 of the Penal Code, end insert and was released from state
prison or county jail within the previous six months.