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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