BILL ANALYSIS
AB 1799
Page 1
ASSEMBLY THIRD READING
AB 1799 (Baugh)
As Amended March 6, 2000
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 21-0
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|Ayes:|Washington, Cunneen, |Ayes:|Migden, Campbell, |
| |Battin, Cedillo, Aroner, | |Ackerman, Alquist, |
| |Keeley, Romero | |Aroner, Ashburn, Brewer, |
| | | |Cedillo, Corbett, Davis, |
| | | |Kuehl, Maldonado, Papan, |
| | | |Romero, Runner, Shelley, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Wright, Zettel |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Removes the $10,000 limitation on the recommended
appropriation for a person wrongly convicted and instead
provides that the recommended compensation shall be a sum
equivalent to $100 per each day of incarceration. Specifically,
this bill provides that an appropriation:
1)Made to a claimant who has been erroneously convicted and
imprisoned shall be a sum equivalent to $100 per day of
incarceration served subsequent to the claimant's conviction.
2)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.
2)Provides that the amount of the appropriation recommended by
BOC shall not exceed in any case, $10,000.
AB 1799
Page 2
3)Excludes specific items from gross income tax provisions.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, compensation for five years served at $100
per day would be $182,500. Though the fiscal effect is
indeterminable, it could range from zero to hundreds of
thousands of dollars annually, depending upon the cases. In any
case, restitution would require specific legislative
authorization.
COMMENTS : 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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0004847