BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1489
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1489 (Harman) - As Amended:  June 26, 2012 

          Policy Committee:                             Public 
          SafetyVote:4-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Authorizes a court to order the destruction of exhibits in a 
            death penalty case one year after the death of defendant 
            awaiting execution. 

          2)Deletes paper exhibits from the definition of a court record.

           FISCAL EFFECT  

          Minor state trial court savings. 

           COMMENTS  

           Rationale.  The author's stated intent is to provide state trial 
          courts with an opportunity for minor savings. According to the 
          author, "Within California there are more than 724 inmates 
          condemned to death row. To date, there have been 14 executions 
          and 82 non-execution deaths. This situation forces California 
          courts to bear tremendous financial burden to continue to store 
          and preserve physical exhibits and records, while wrestling with 
          a disparity in the law.

          "Unless the specific item has future evidentiary value, there is 
          no reason to hold onto it once the case has been disposed.  In 
          some instances, evidence can include mannequins to be used as 
          models; stolen property; hazardous waste, residuals, etc."


           








                                                                 SB 1489
                                                                  Page  2

          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081