BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 694 (Leno) - New evidence: habeas corpus: motion to vacate
judgment
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|Version: February 27, 2015 |Policy Vote: PUB. S. 5 - 2 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 4, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 694:
Authorizes the granting of a habeas corpus petition
based on new evidence which "raises a reasonable
probability of a different outcome if a new trial were
granted."
Lowers the standard of proof for a court finding
required in order to require the Victim Compensation and
Government Claims Board (Board) to recommend an
appropriation be made and a claim paid without a hearing.
Lowers the standard of proof to meet the definition of
"new evidence" from "undermines the prosecution case and
points unerringly to innocence' to "raises a possibility of
a different outcome if a new trial were granted," both in
prosecuting a writ of habeas corpus and a motion to vacate
judgment.
SB 694 (Leno) Page 1 of
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Fiscal
Impact:
Potential future increase in General Fund appropriations for
payment of approved claims for compensation to exonerees
potentially in the hundreds of thousands to low millions of
dollars in any one year for: 1) new cases granted a writ of
habeas corpus on the grounds of new evidence, as defined; 2)
new cases in which a court vacates judgment on the basis of
the revised definition of new evidence; and, 3) claims that
otherwise would not have been paid under the higher standard
for a court finding and subject to a Board hearing. Annual
costs would vary based on the number of claims filed and the
duration of unlawful imprisonment specific to each individual.
Since 2002, 14 claims have been paid totaling $5.3 million,
ranging in amount from $17,000 to $757,000, with an average
compensation amount of $379,000. Three claims totaling about
$1 million are pending Legislative approval.
Potentially significant increase in Attorney General (AG)
workload (General Fund) to the extent a greater number of
claims meeting the lower standard of "reasonable probability"
result in additional petitions granted. Resources could
potentially be required for post-verdict investigations, and
to litigate retrials, appeals, and collateral challenges.
No significant workload impact to the Board. Potential
increases in the number of claims submitted for review are
estimated to be offset in whole or in part by the reduced
workload resulting from fewer required hearings in order to
recommend an appropriation for claims prospectively.
Potential future cost savings (General Fund) in averted
incarceration of an unknown, but potentially significant
amount to the extent future writs of habeas corpus are
granted.
Background: Existing law provides that every person unlawfully imprisoned
or restrained of his or her liberty, under any pretense, may
prosecute a writ of habeas corpus to inquire into the cause of
his or her imprisonment or restraint. (Penal Code (PC) §
1473(a).)
Existing law states that a writ of habeas corpus may be
prosecuted for, but not limited to, the following reasons:
False evidence that is substantially material or
probative on the issue of guilt, or punishment was
introduced against a person at any hearing or trial
SB 694 (Leno) Page 2 of
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relating to his or her incarceration.
False physical evidence, believed by a person to be
factual, material or probative on the issue of guilt, which
was known by the person at the time of entering a plea of
guilty and which was a material factor directly related to
the plea of guilty by the person. (PC § 1473 (b).)
Existing law provides that in a contested proceeding, if a court
grants a writ of habeas corpus concerning a person who is
unlawfully imprisoned or restrained, or when the court vacates a
judgment on the basis of new evidence concerning a person who is
no longer unlawfully imprisoned or restrained, and if the court
finds that the new evidence on the petition points unerringly to
innocence, that finding shall be binding on the Victim
Compensation and Government Claims Board for a claim presented
to the Board, and upon application by the person, the Board
shall, without a hearing, recommend to the Legislature that an
appropriation be made and the claim paid. (PC § 1485.55(a).)
Existing law provides that "new evidence" means evidence that
was not available or known at the time of trial that completely
undermines the prosecution case and points unerringly to
innocence. (PC § 1485.55(g).)
Under current law, any person no longer unlawfully imprisoned or
restrained may prosecute a motion to vacate a judgment for newly
discovered evidence, as specified. Existing law states that the
procedure for bringing and adjudicating a motion to vacate
judgment, including the burden of producing evidence and the
burden of proof, shall be the same as for prosecuting a writ of
habeas corpus. (PC § 1473.6.)
Proposed Law:
This bill:
Authorizes, as grounds for a writ of habeas corpus, new
evidence exists which would raise a reasonable probability
of a different outcome if a new trial were granted.
Lowers the standard for a court finding in order to
require VCGCB to recommend a claim be paid without a
hearing from "points unerringly to innocence" to "raises a
possibility of a different outcome if a new trial were
granted."
SB 694 (Leno) Page 3 of
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Lowers the standard to meet the definition of "new
evidence" from "undermines the prosecution case and points
unerringly to innocence" to "raises a possibility of a
different outcome if a new trial were granted."
Related Legislation: SB 635 (Nielsen) 2015 would raise the
compensation for innocent persons who were wrongly convicted
from $100 per day to $140 per day of incarceration served, as
specified. This bill would expand the scope of a compensable
injury to include non-pecuniary injuries, as specified. This
bill is pending hearing in this Committee.
Prior
Legislation: SB 1058 (Leno) Chapter 623/2013 allows a writ of
habeas corpus when evidence given at trial has subsequently been
repudiated by the expert that testified or undermined by later
scientific research or technological advances.
SB 618 (Leno) Chapter 800/2013 streamlined and provided clarity
to the process for compensating persons who have been exonerated
after serving time incarcerated.
Staff Comments: By lowering the standard of proof to meet the
definition of "new evidence," this measure could result in the
courts granting additional writs of habeas corpus and motions to
vacate judgment. As the bill allows a lower standard for a court
finding required to recommend an appropriation without a
hearing, payments from the General Fund to compensate
individuals for wrongful incarceration could potentially
increase. While it is unknown how many cases this bill will
impact, costs could range potentially in the hundreds of
thousands to millions of dollars in any one year. Annual costs
would vary based on the number of claims filed and the duration
of unlawful imprisonment specific to each individual. Since
2002, 14 claims have been paid totaling $5.3 million, ranging in
amount from $17,000 to $757,000, with an average compensation
amount of $379,000. Staff notes that three claims are pending
Legislative approval for payment of $968,400.
The AG has indicated the provisions of this bill could result in
an unquantifiable but potentially significant workload impact
that could require increased staffing. The additional need for
resources for post-verdict investigations and to litigate
SB 694 (Leno) Page 4 of
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retrials, appeals and collateral challenges is unknown, but
could be significant.
The Board has indicated no significant impact due the provisions
of this bill in its role of considering erroneous conviction
claims.
Notwithstanding the fiscal impacts of this measure, this bill
will serve to allow more individuals determined to be wrongfully
convicted and unlawfully imprisoned the compensation they
deserve.
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