Amended in Senate August 3, 2016

Amended in Assembly May 27, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1802

Introduced by Assembly Member Chávez

February 8, 2016

An act to amend Sections 13901 and 13902 of the Government Code, begin insert and to amend Sections 1485.5, 4902, 4903, and 4904 of the Penal Code, end insert relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1802, as amended, Chávez. California Victim Compensation begin delete and Government Claims end delete Board: begin delete membership. end delete begin insert reorganization. end insert

Existing law establishes, within the Government Operations Agency, the California Victim Compensation begin delete and Government Claims end delete Board, composed of the Secretary of Government Operations, or his or her designee, the Controller, and a 3rd member who is appointed by, and serves at the pleasure of, the Governor. Existing law requires specific compensation for the member who is appointed by the Governor, unless that member is a state officer. Administrative costs of the board are paid from the Restitution Fund, a continuously appropriated fund, except for specific costs that include, among others, the administrative costs of the board, which are subject to annual review through the state budget process.

This bill would add 2 members to the board who would be appointed by, and serve at the pleasure of, the Governor. One new member would be an expert, as defined, in the rights of crime victims and the other new member would be a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims. The bill would provide specific compensation for any member who is not a state officer, would specify that the Controller may designate an individual to serve on the board as his or her designee, and would make nonsubstantive changes to these provisions.

begin insert

Existing law provides that a person who has been convicted of a felony and imprisoned in the state prison or county jail, but who is innocent or granted a pardon by the Governor for specified reasons, may present a claim against the state to the California Victim Compensation Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment, as specified. Existing law requires the board to hold a hearing for these claims and to be bound by specified factual findings and credibility determinations. Existing law requires the board to make certain determinations and recommendations to the Legislature regarding payment of compensation based on the facts and its conclusions from the case.

end insert begin insert

This bill would create a Special Master who is appointed by and serves at the pleasure of the Governor and would require the Special Master, instead of the board, to hold a hearing for specified claims and to be bound by specified factual findings and credibility determinations.

end insert

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

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

begin delete

SECTION 1.  

Section 13901 of the Government Code is
amended to read:

13901.  

(a) There is, within the Government Operations
Agency, the California Victim Compensation and Government
Claims Board.

(b) The board shall be composed of all the following members:

(1) The Secretary of Government Operations, or his or her
designee.

(2) The Controller, or his or her designee.

(3) One member who shall be appointed by, and serve at the
pleasure of, the Governor. This member may be a state officer.

(4) One member who shall be appointed by, and serve at the
pleasure of, the Governor and an expert in the rights of crime
victims. As used in this in paragraph, “expert” means someone
who is qualified by education, training, and work experience;
possesses a baccalaureate or advanced degree or is credentialed
by the National Advocate Credentialing Program; and has a
minimum of two years of experience in social work or victim
advocacy.

(5) One member who shall be appointed by, and serve at the
pleasure of, the Governor and a physician, psychiatrist, or
psychologist with expertise in treating or providing services to
crime victims.

(c) Any reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 13901 of the end insert begin insert Government Code end insert begin insert , as
amended by Section 104 of Chapter 31 of the Statutes of 2016, is
amended to read: end insert

13901.  

(a) There is within the Government Operations Agency
the California Victim Compensation Board.

begin delete

(b) The board consists of the Secretary of Government
Operations or his or her designee and the Controller, both acting
ex officio, and a third member who shall be appointed by and serve
at the pleasure of the Governor. The third member may be a state
officer who shall act ex officio.

end delete begin insert

(b) The board shall be composed of all the following members:

end insert begin insert

(1) The Secretary of Government Operations, or his or her
designee.

end insert begin insert

(2) The Controller, or his or her designee.

end insert begin insert

(3) One member who shall be appointed by, and serve at the
pleasure of, the Governor. This member may be a state officer.

end insert begin insert

(4) One member who shall be appointed by, and serve at the
pleasure of, the Governor and who is an expert in the rights of
crime victims. As used in this in paragraph, “expert” means
someone who is qualified by education, training, and work
experience; possesses a baccalaureate or advanced degree or is
credentialed by the National Advocate Credentialing Program;
and has a minimum of two years of experience in social work or
victim advocacy.

end insert begin insert

(5) One member who shall be appointed by, and serve at the
pleasure of, the Governor and who is a physician, psychiatrist, or
psychologist with expertise in treating or providing services to
crime victims.

end insert begin insert

(c) The Governor shall appoint a Special Master who shall
serve at the pleasure of the Governor for all claims requiring a
hearing pursuant to Section 4902 of the Penal Code. A Special
Master shall be an individual who is qualified by education,
training, and work experience in taking evidence, making
determinations of fact, and applying the facts to the law,
particularly in the area of wrongful convictions.

end insert

SEC. 2.  

Section 13902 of the Government Code is amended
to read:

13902.  

A member of the board who is not a state officer shall
receive fifty dollars ($50) for every day of actual attendance at
meetings of the board not in excess of eight meetings per month,
together with necessary traveling expenses in attending these
meetings.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1485.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1485.5.  

(a) If the district attorney or Attorney General
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 Attorney
General, the factfinder, begin insert the Special Master, end insert and the California
Victim Compensation Board.

(b) The district attorney shall provide notice to the Attorney
General prior to entering into a stipulation of facts that will be the
basis for the granting of a writ of habeas corpus or a motion to
vacate a judgment.

(c) The express factual findings made by the court, including
credibility determinations, in considering a petition for habeas
corpus, a motion to vacate judgment pursuant to Section 1473.6,
or an application for a certificate of factual innocence, shall be
binding on the Attorney General, the factfinder, and the California
Victim Compensation Board.

(d) For the purposes of this section, “express factual findings”
are findings established as the basis for the court’s ruling or order.

(e) For purposes of this section, “court” is defined as a state or
federal court.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4902 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

4902.  

(a) If the provisions of Section 851.865 or 1485.55 apply
in any claim, the California Victim Compensation Board shall,
within 30 days of the presentation of the claim, calculate the
compensation for the claimant pursuant to Section 4904 and
recommend to the Legislature payment of that sum. As to any
claim to which Section 851.865 or 1485.55 does not apply, the
Attorney General shall respond to the claim within 60 days or
request an extension of time, upon a showing of good cause.

(b) Upon receipt of a response from the Attorney General, the
board shall fix a time and place for the hearing of the begin delete claim, end delete begin insert claim
by the Special Master appointed pursuant to Section 13901 of the
Government Code end insert and shall mail notice thereof to the claimant
and to the Attorney General at least 15 days prior to the time fixed
for the hearing. The board 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 begin delete board. end delete

begin insert Special Master. end insert

(c) If the time period for response elapses without a request for
extension or a response from the Attorney General pursuant to
subdivision (a), the board shall fix a time and place for the hearing
of the claim, mail notice thereof 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.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4903 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

4903.  

(a) At the hearing begin insert before the Special Master, end insert the
claimant shall introduce evidence in support of the claim, and the
Attorney General may introduce evidence in opposition thereto.
The claimant shall prove the facts set forth in the statement
constituting the claim, including 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, and the pecuniary
injury sustained by him or her through his or her erroneous
conviction and imprisonment.

(b) In a hearing before begin delete the board, end delete begin insert the Special Master, end insert the factual
findings and credibility determinations establishing the court’s
basis for granting a writ of habeas corpus, a motion for new trial
pursuant to Section 1473.6, or an application for a certificate of
factual innocence as described in Section 1485.5 shall be binding
on the Attorney General, the factfinder, begin insert the Special Master, end insert and
the board.

(c) The board shall deny payment of any claim if the begin delete board end delete
begin insert Special Master end insert finds by a preponderance of the evidence that a
claimant pled guilty with the specific intent to protect another from
prosecution for the underlying conviction for which the claimant
is seeking compensation.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4904 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

4904.  

If the evidence shows that the crime with which the
claimant was charged was either not committed at all, or, if
committed, was not committed by the claimant, and that the
claimant has sustained injury through his or her erroneous
conviction and imprisonment, the California Victim Compensation
Board shall report the facts of the case and begin delete its end delete begin insert the Special Master’s end insert
conclusions to the next Legislature, with a recommendation that
the Legislature make an appropriation for the purpose of
indemnifying the claimant for the injury. The amount of the
appropriation recommended shall be a sum equivalent to one
hundred forty dollars ($140) per day of incarceration served, and
shall include any time spent in custody, including in a county jail,
that is considered to be part of the term of incarceration. That
appropriation shall not be treated as gross income to the recipient
under the Revenue and Taxation Code.