BILL NUMBER: AB 1802	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 3, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016

INTRODUCED BY   Assembly Member Chávez

                        FEBRUARY 8, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1802, as amended, Chávez. California Victim Compensation
 and Government Claims  Board:  membership.
  reorganization. 
   Existing law establishes, within the Government Operations Agency,
the California Victim Compensation  and Government Claims
 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. 
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  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. 
   SECTION 1.    Section 13901 of the  
Government Code   , as amended by Section 104 of Chapter 31
of the Statutes of 2016,   is amended to read: 
   13901.  (a) There is within the Government Operations Agency the
California Victim Compensation Board. 
   (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.  
   (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 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.  
   (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.  
   (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. 
  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.
   SEC. 3.    Section 1485.5 of the   Penal
Code   is amended to read: 
   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,  the Special Master,  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.
   SEC. 4.    Section 4902 of the   Penal Code
  is amended to read: 
   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 
claim,   claim by the Special Master appointed pursuant
to Section 13901 of the Government Code  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  board.  
Special Master. 
   (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.
   SEC. 5.    Section 4903 of the   Penal Code
  is amended to read: 
   4903.  (a) At the hearing  before the Special Master, 
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  the board,   the
Special Master,  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,  the Special Master,  and the board.
   (c) The board shall deny payment of any claim if the 
board   Special Master  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.
   SEC. 6.    Section 4904 of the   Penal Code
  is amended to read: 
   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  its   the Special
Master's  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.