BILL ANALYSIS
AB 1799
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Date of Hearing: February 29, 2000
Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 1799 (Baugh) - As Introduced: January 27, 2000
As Proposed to be Amended in Committee
SUMMARY : Removes the $10,000 limitation on the appropriation
for a person wrongly convicted and instead provides that the
compensation shall not exceed a sum equivalent to $100 per each
day of incarceration. Specifically, this bill:
1)Provides that an appropriation made to a claimant who has been
erroneously convicted and imprisoned shall not exceed in any
case a sum equivalent to $100 per day of incarceration served
subsequent to the claimant's conviction.
2)Provides that an appropriation shall not be treated as gross
income to the recipient under Revenue and Taxation Code
provisions.
EXISTING LAW :
1)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, the State Board
of Control (BOC) shall report the facts of the case and it
recommendations to the Legislature for the purpose of
indemnifying the claimant for pecuniary injury sustained as
the result of the erroneous conviction and incarceration.
(Penal Code Section 4904.)
2)Provides that the amount of the appropriation recommended by
the BOC shall not exceed in any case, $10,000. (Penal Code
Section 4904.)
3)Excludes specific items from gross income tax provisions.
(Revenue and Taxation Code Sections 17131 et. seq.)
FISCAL EFFECT : Unknown
AB 1799
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COMMENTS :
1)Author's Statement : 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 based on the amount the
California Department of Corrections (CDC) presently
compensates those individuals who are held after their
scheduled release date."
2)The Case of Kevin Lee Green : 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 the 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.
3)Award Calculation . This bill's rate of compensation is based
on the amount of compensation the CDC pays when the CDC is
unable to release a prisoner on the scheduled release date.
It appears the author's intent is the rate of recompense shall
be $100 per day of incarceration. However, the bill states
that the appropriation shall not exceed a sum equivalent to
$100 per day of incarceration. As drafted, this bill sets a
limit of $100 per day, and the BOC would be allowed to
recommend a lesser amount to the Legislature. If it is the
author's intent that $100 per day of incarceration be a fixed
rate, the bill should be amended to strike the language which
makes $100 per day the limit. This bill also makes any
appropriation under this section exempt from the gross income
tax provisions of the Revenue and Taxation Code.
AB 1799
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4)Prior Legislation . AB 110 appropriated $620,000 from the
General Fund to the DOJ to recompense Kevin Lee Greene, a
victim of a miscarriage of justice. AB 110 used the rate of
$100 per day in computing the amount of the appropriation.
REGISTERED SUPPORT / OPPOSITION :
Support
None on File
Opposition
None on File
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744