BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1134 (Leno) - Habeas corpus: new evidence: motion to vacate judgment: indemnity ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 18, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 27, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- Bill Summary: SB 1134 would permit a writ of habeas corpus to be prosecuted on the existence of "new evidence," as defined, that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. This bill requires the Victims Compensation and Government Claims Board (VCGCB) to recommend payment without a hearing for incarceration of a person if the court finds that the person is factually innocent. *********** ANALYSIS ADDENDUM - SUSPENSE FILE *********** The following information is revised to reflect amendments adopted by the committee on May 27, 2016 Fiscal Impact: Courts : Potentially significant increase in new petitions for writs of habeas corpus to be filed under the authority of the SB 1134 (Leno) Page 1 of ? bill. The Judicial Council has indicated potential costs in the millions of dollars (General Fund*) to the trial courts, Courts of Appeal, and Supreme Court to address the increase in workload. Payments for wrongful convictions : Potential future increase in General Fund appropriations for payment of approved claims for compensation potentially in the hundreds of thousands to low 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, 17 claims have been paid totaling $8.1 million, ranging in amount from $17,000 to $757,000. Five approved claims totaling about $1.2 million are pending Legislative approval. The average compensation amount for the 22 claims is $420,000. Attorney General (AG) : Potentially significant increase in workload (General Fund) to the extent a greater number of persons are allowed to prosecute writs of habeas corpus under the existence of new evidence, as redefined. Resources could potentially be required for post-verdict investigations, to litigate retrials, appeals, and collateral challenges. VCGCB : 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 potentially fewer required hearings in order to recommend an appropriation for claims prospectively. State prisons : 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 that otherwise would not have been eligible to be filed. *Trial Court Trust Fund Author Amendments: Make clarifying changes to specify "factual" innocence and add coauthors. -- END -- SB 1134 (Leno) Page 2 of ?