BILL NUMBER: AB 1799	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Baugh

                        JANUARY 27, 2000

   An act to amend Section 4904 of the Penal Code, relating to
indemnification.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1799, as introduced, Baugh.  Indemnification:  erroneously
convicted persons.
   Existing law requires the State Board of Control to report to the
Legislature the facts of a case involving a claimant who has
sustained pecuniary injury as a result of having been convicted of a
crime for which the claimant was found to be innocent if, in
addition, the claimant did not contribute to his or her arrest or
conviction.  The board is also required to include in its report to
the Legislature, its recommendation that an appropriation be made to
indemnify the claimant for the pecuniary injury, but the amount of
the appropriation is limited to $10,000.
   This bill would remove the $10,000 limitation on the appropriation
and would instead limit the appropriation to the sum of $100 per day
of incarceration served subsequent to the claimant's conviction.
The bill would also provide that the appropriation not be treated as
gross income to the recipient under California law.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4904 of the Penal Code is amended to read:
   4904.  If the evidence shows that the crime with which the
claimant was charged was either not committed at all, or, if
committed, was not committed by the claimant, and that the claimant
did not, by any act or omission either intentionally or negligently,
contribute to the bringing about of his  or her  arrest or
conviction, and that the claimant has sustained pecuniary injury
through his  or her  erroneous conviction and imprisonment,
the  State  Board of Control shall report the facts of the
case and its conclusions to the next Legislature of this state, with
a recommendation that an appropriation be made by the Legislature for
the purpose of indemnifying the claimant for  such 
 the  pecuniary injury; but the amount of the appropriation
so recommended shall not exceed in any case,  the sum of ten
thousand dollars ($10,000)   a sum equivalent to one
hundred dollars ($100) per day of incarceration served subsequent to
the claimant's conviction and that appropriation shall not be treated
as gross income to the recipient under the provisions of the Revenue
and Taxation Code  .                                ____
CORRECTIONS Text -- Page 2.                               ____