BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1799| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1799 Author: Baugh (R) Amended: 8/7/00 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/13/00 AYES: Vasconcellos, Burton, Johnston, McPherson, Polanco, Rainey SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/23/00 AYES: Johnston, Alpert, Bowen, Burton, Escutia, Johnson, Karnette, Kelley, Leslie, McPherson, Mountjoy, Perata, Vasconcellos ASSEMBLY FLOOR : 77-0, 5/30/00 - See last page for vote SUBJECT : Indemnification: erroneously convicted persons SOURCE : Author DIGEST : This bill increases the potential compensation for wrongful incarceration after a person has been found factually innocent from a maximum of $10,000 to a sum equivalent to $100 per day of incarceration and to exclude the amount received from the definition of gross income. ANALYSIS : Existing law provides that any person who was convicted of a felony and imprisoned in the state prison who is later pardoned by the Governor because the crime was not committed or the person was factually innocent of the crime may present a claim against the state to the State CONTINUED AB 1799 Page 2 Board of Control (BOC) for pecuniary injury sustained by him through such erroneous conviction and imprisonment. Existing law provides that if the evidence shows that a crime for which a claimant was convicted was either not committed at all or, if committed, was not committed by the claimant, BOC shall report the facts of the case and its recommendations to the Legislature for the purpose of indemnifying the claimant for pecuniary injury sustained as the result of the erroneous conviction and incarceration. Existing law provides that the amount of the appropriation recommended by the BOC shall not exceed in any case, $10,000. Existing law excludes specific items from gross income tax provisions. This bill provides that an appropriation made to a claimant who has been erroneously convicted and imprisoned shall be a sum equivalent to $100 per day of incarceration served subsequent to the claimant's conviction. This bill provides that an appropriation shall not be treated as gross income to the recipient under Revenue and Taxation Code. The bill provides that gross income may not include any amount received in a taxable year by a claimant pursuant to Section 4904 of the Penal Code. Compensation in Other States According to an American Bar Association Journal article: Only 16 jurisdictions have statutes to compensate the wrongfully imprisoned and only two of those -- New York and West Virginia -- do not limit damages. Some caps on compensation, such as California's, are miserly. . . . New Hampshire's cap is only $20,000. The federal system is the stingiest of all, capping payments at $5,000. Those with the highest limits are Maine with a AB 1799 Page 3 $300,000 cap, and Ohio, which awards up to $25,000 for each year in prison plus lost wages, attorney fees, fines and court costs. (Higgins, Michael, "Tough Luck for the Innocent Man" (March 1999) ABA Journal, at p.47.) According to the article, many of the other states that do place limits on the compensation provide for a yearly maximum that is higher than California's total maximum of $10,000. $100 a Day On October 2, 1980, in Orange County, Kevin Lee Green was wrongly convicted of the 1979 murder of his unborn daughter and the rape of his former wife. Green was cleared four years ago through DNA testing, which had not yet been developed at the time of his conviction. This incident gave rise to AB 110 that appropriated $620,000 from the General Fund to the Department of Justice (DOJ) to recompense Green for his wrongful conviction and incarceration. AB 110 used the rate of $100 per day of incarceration in computing the total amount of the appropriation. This bill makes the $100 rate per day the standard to be used by the BOC in making recommendations to the Legislature regarding appropriations in cases of persons wrongly convicted. According to the Assembly Appropriations March 6, 2000 analysis, "Discussions with the CDC, the Department of Justice, the Board of Control and the California District Attorneys Association indicate it is unlikely there will be many applicable cases. With advances in forensic DNA procedures, however, the number of cases may increase. According to the author, "there are rare instances where imprisoned individuals have been found factually innocent. Under existing law, the restitution for wrongful imprisonment is limited to $10,000. Last year, in connection with AB 110 (Baugh), Chapter 619, Statutes of 1999, and the Public Safety Committee recommendations, I committed to make a systemic change to this procedure. This bill would remove the cap and would instead set the level of recompense at $100 per day. The $100 figure is AB 1799 Page 4 based on the amount the California Department of Corrections (CDC) presently compensates those individuals who are held after their scheduled release date." Prior Legislation AB 110 (Baugh), Chapter 619, Statutes of 1999, passed the Senate 31-1 (NOES: Schiff). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No Fiscal Impact (in thousands) Major Provisions 2000-01 2001-02 2002-03 Fund Compensation Indeterminable costsGeneral ASSEMBLY FLOOR : AYES: Aanestad, Ackerman, Alquist, Aroner, Ashburn, Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs, Calderon, Campbell, Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh, Florez, Frusetta, Gallegos, Granlund, Havice, Honda, House, Jackson, Kaloogian, Keeley, Knox, Kuehl, Leach, Lempert, Leonard, Longville, Lowenthal, Machado, Maddox, Maldonado, Margett, Mazzoni, McClintock, Migden, Nakano, Olberg, Oller, Robert Pacheco, Rod Pacheco, Papan, Pescetti, Reyes, Romero, Runner, Scott, Shelley, Steinberg, Strickland, Strom-Martin, Thomson, Torlakson, Villaraigosa, Vincent, Washington, Wayne, Wesson, Wiggins, Wildman, Wright, Zettel, Hertzberg NOT VOTING: Floyd, Thompson, Vacancy RJG:sl 8/25/00 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****