BILL ANALYSIS Ó
SB 1031
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1031 (De Leon) - As Amended: April 3, 2014
Policy Committee:
AppropriationsVote:
Urgency: Yes State Mandated Local Program:
Reimbursable:
SUMMARY
This bill, one of two annual state claims bills introduced
pursuant to California Victim Compensation and Government Claims
Board (board) determinations and carried by the Appropriations
Committee chairs, appropriates $776,947 to pay 332 claims
against the state as approved by the board, and $305,900 to pay
the costs of one erroneous conviction case.
FISCAL EFFECT
1)Appropriates $776,947 ($699,347 GF; $77,600 special funds) to
the board for payment of 332 stale-dated warrants.
2)Appropriates $305,900 (GF) for payment for one board-approved
erroneous conviction case.
COMMENT
1)Rationale. Government Code Section 13928 requires the board to
ensure that all claims approved by the board, for which no
legally available appropriation exists, are submitted for
legislative approval at least twice during each calendar year.
The re-issuance of stale-dated warrants (expired checks) is
the most prevalent claim approved by the board. For
stale-dated warrants, the Controller must confirm the check
was not cashed and that more than three years has passed since
the check was issued and the monies have reverted to the
General Fund or to the relevant special fund. For these
warrants an appropriation is needed to reissue the payment.
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In addition to stale-dated warrants, Penal Code Section 4900
et seq. authorizes a person convicted and imprisoned for a
felony to submit a claim to the board for pecuniary injury
sustained as a result of erroneous conviction and
imprisonment. Pursuant to SB 618 (Leno) Statutes of 2013, if a
person has secured a declaration of factual innocence from the
court after having his or her conviction set aside, the
finding is grounds for payment of a claim against the state
and upon application by the petitioner, the board shall,
without a hearing, recommend to the Legislature an
appropriation to cover the claim. Likewise, if the court finds
the petitioner has proven his or her innocence by a
preponderance of the evidence, or the court grants a writ of
habeas corpus concerning a person who is unlawfully
imprisoned, or when the court vacates a judgment for a person
on the basis of new evidence concerning a person who is no
longer unlawfully imprisoned, and the court finds the evidence
points unerringly to innocence, the board shall, upon
application by the claimant, without a hearing, recommend to
the Legislature an appropriation to cover the petitioner's
claim.
Otherwise, a claimant is required to introduce evidence in
support of his or her claim at a hearing before the board, and
the Attorney General may introduce evidence in opposition. The
claimant must prove, by a preponderance of the evidence: (a)
the crime was not committed at all, or, if committed, was not
committed by the claimant; (b) the claimant did not contribute
to the arrest or conviction for the crime; and (c) the
claimant sustained pecuniary injury though the erroneous
conviction and imprisonment.
If a claimant meets the burden of proof, the board shall
recommend to the Legislature an appropriation of $100 per day
of incarceration served in a state prison subsequent to the
claimant's conviction.
2)Support . This bill, supported by the board, the Department of
Finance, and the administration, has no opposition.
This bill passed the Senate 27-3.
3)All 332 claims are for stale-dated warrants, ranging from $15
to $90,688 . The average claim is $2,340.
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4)Erroneous Conviction Claim, $305,900 .
Mario Rocha, pursuant to statute and the board's
determination, met the statutory requirements for
compensation, proving by a preponderance of the evidence that
he did not commit the crimes with which he was charged.
On February 16, 1996, at a Highland Park party a fight broke
out and gunfire ensued. Martin Aceves was shot and killed.
Three defendants were tried together and on December 4, 1997,
a jury found all three guilty of murder and attempted murder,
and found that each defendant used a firearm in the commission
of the crimes. Three witnesses identified Rocha as a shooter;
nine others testified he was not the shooter. Most witnesses
testified to hearing four to six gunshots and none testified
to seeing more than two shooters. Two bullets were recovered
from the scene and expert testimony indicated that they came
from two different guns.
Rocha was sentenced to 29 years-to-life in prison for the
murder. Rocha filed numerous challenges, including a claim for
ineffective assistance of counsel. On December 28, 2005, the
Court of Appeals granted Rocha's writ of habeas corpus based
on ineffective counsel. Rocha was released on bail on August
24, 2006 while the L.A. D.A. determined whether to retry him.
On October 28, 2008, the D.A. dismissed the charges against
Rocha, citing the unavailability of witnesses. Rocha then
filed a claim with the board for compensation related to
erroneous conviction.
The board's decision concludes Rocha met his burden of proving
by a preponderance of the evidence that he did not commit the
crimes of murder and attempted murder. The decision states, in
part:
"When looking at the totality of the evidence, the forensic
evidence shows that only two guns were fired and no witness
named three different shooters. There was simply no evidence
whatsoever that there was a third shooter. Two documented gang
members who brought weapons to the party were convicted of
murder and attempted murder and are still in prison. Nine
witnesses state that Rocha was not the shooter while only one
solidly states that Rocha was the shooter, and a third witness
originally told law enforcement he did not even see the
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shooter. Based on this evidence Rocha has met his burden of
proving by a preponderance of the evidence that he did not
commit the crimes of murder and attempted murder."
5)Related Legislation . AB 1617 (Gatto), which appropriates
$745,043 to pay 136 claims and $1,450,200 to pay the costs of
three erroneous conviction cases, is pending on the Assembly
floor.
6)Prior Legislation . The two 2013 claims bills, AB 235 (Gatto),
Statutes of 2013, appropriated $1.1 million and passed this
house 71-1 and passed the Senate 30-0; and SB 1531 (De Leon),
Statutes of 2013, appropriated $414,000 and passed this house
77-0 and the Senate 37-0.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081