BILL NUMBER: SB 635	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Nielsen

                        FEBRUARY 27, 2015

   An act to amend Section 4904 of the Penal Code, relating to
erroneously convicted and imprisoned persons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 635, as introduced, Nielsen. Erroneous conviction and
imprisonment: compensation.
   Existing law provides that a person who (1) has been convicted of
a felony and imprisoned in the state prison or incarcerated in a
county jail for that conviction, (2) is granted a pardon by the
Governor for specified reasons, and (3) has served the term or any
part thereof for which he or she was imprisoned, may present a claim
against the state to the California Victim Compensation and
Government Claims Board for the pecuniary injury sustained by him or
her through the erroneous conviction and imprisonment, as specified.
Existing law provides an opportunity for the Attorney General to
respond to a claim, and for a hearing on the claim, as specified.
Existing law provides that 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 pecuniary injury through his or her erroneous
conviction and imprisonment, the California Victim Compensation and
Government Claims Board shall report the facts of the case and its
conclusions to the Legislature, with a recommendation that an
appropriation be made by the Legislature for the purpose of
indemnifying the claimant for the pecuniary injury. Existing law
provides that the amount of the recommended appropriation shall be a
sum equivalent to $100 per day of incarceration served after the
claimant was convicted.
   This bill would increase the amount of the recommended
appropriation to $136.98 per day of incarceration served after the
claimant was convicted, but not to exceed $50,000 per year for each
full year of incarceration served. This bill would make other
technical, nonsubstantive changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 pecuniary injury through his or her erroneous
conviction and imprisonment, the California Victim Compensation and
Government Claims Board shall report the facts of the case and its
conclusions to the next Legislature, with a recommendation that an
appropriation be made by the Legislature for the purpose of
indemnifying the claimant for the pecuniary injury. The amount of the
appropriation recommended shall be a sum equivalent to  one
hundred dollars ($100)   one hundred thirty-six dollars
and   ninety-eight cents ($136.98)  per day of
incarceration served  , but not to exceed fifty thousand dollars
($50,000) per year for every full year of incarceration served, 
subsequent to the claimant's  conviction  
conviction.   and that   That 
appropriation shall not be treated as gross income to the recipient
under the Revenue and Taxation Code.