Amended in Senate April 29, 2015

Senate Bill No. 635

Introduced by begin delete Senator end delete begin insert Senators end insert Nielsen begin insert and Leno end insert

begin insert

(Coauthors: Senators Anderson, Monning, and Stone)

end insert

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 amended, 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 begin insert bill would expand the scope of a compensable injury to include nonpecuniary injuries. The end insert bill would increase the amount of the recommended appropriation to begin delete $136.98 end delete begin insert $140 end insert per day of incarceration served after the claimant was convicted, begin delete but not to exceed $50,000 per year for each full year of incarceration served. end delete begin insert as specified. end insert This bill would make other technical, nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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 begin delete pecuniary end delete 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 begin delete pecuniary end delete
injury. The amount of the appropriation recommended shall be a
sum equivalent to one hundred begin delete thirty-six end delete begin insert forty end insert dollars begin delete and
ninety-eight cents ($136.98) end delete begin insert ($140) end insert per day of incarceration served,
begin delete but not to exceed fifty thousand dollars ($50,000) per year for
every full year of incarceration served, subsequent to the claimant’s
conviction. end delete begin insert and shall include any time spent in custody, including
in county jail, that is considered to be part of the term of
incarceration. end insert That appropriation shall not be treated as gross
income to the recipient under the Revenue and Taxation Code.