BILL NUMBER: SB 635	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2015

INTRODUCED BY    Senator   Nielsen 
 Senators   Nielsen   and Leno 
    (   Coauthors:   Senators  
Anderson,   Monning,   and Stone   ) 

                        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  bill would expand the scope of a compensable injury to
include nonpecuniary injuries. The  bill would increase the
amount of the recommended appropriation to  $136.98 
 $140  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.   as specified. 
This bill would make other technical, nonsubstantive changes.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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  thirty-six  
forty  dollars  and ninety-eight cents ($136.98)
  ($140)  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.   and shall include any time spent in
custody, including in 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.