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
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|Version: February 18, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 27, 2016 |Consultant: Jolie Onodera |
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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
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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.
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