BILL ANALYSIS Ó
SB 1031
Page 1
SENATE THIRD READING
SB 1031 (De León)
As Amended April 3, 2014
2/3 vote. Urgency
SENATE VOTE :27-3
APPROPRIATIONS 12-5
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Holden, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Donnelly, Jones, | | |
| |Linder, Wagner | | |
| | | | |
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SUMMARY : This bill, one of two annual state claims bills
introduced pursuant to the California Victim Compensation and
Government Claims Board (board) determinations and carried by
the Assembly and Senate 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 : According to the Assembly Appropriations
Committee:
1)Appropriates $776,947 ($699,347 General Fund (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.
COMMENTS :
1)Rationale. Government Code Section 13928 requires the board to
ensure that all claims approved by the board, for which no
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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 State 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
GF or to the relevant special fund. For these warrants an
appropriation is needed to reissue the payment.
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), Chapter 800,
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.
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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 with a 27-3 vote.
3)All 332 claims are for stale-dated warrants, ranging from $15
to $90,688. The average claim is $2,340.
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 Los Angeles District Attorney
(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
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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 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) of the current
legislative session, which appropriates $745,043 to pay 136
claims and $1,450,200 to pay the costs of three erroneous
conviction cases, is pending in the Assembly.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
FN: 0004572