Today's Law As Amended

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AB-454 Personal income taxes: exclusion: wrongfully incarcerated individuals. (2017-2018)



SECTION 1.

 Section 17156.1 is added to the Revenue and Taxation Code, to read:

17156.1.
 (a) Section 304(a) as added by Public Law 114-113, which is codified as Section 139F of the Internal Revenue Code, relating to certain amounts received by wrongfully incarcerated individuals, shall apply.
(b) This section shall apply to taxable years beginning before, on, or after January 1, 2018.
(c) If the credit or refund of any overpayment of tax resulting from the application of this section to a period before January 1, 2018, is prevented as of such date by the operation of any law or rule of law (including res judicata), such credit or refund may nevertheless be allowed or made if the claim therefor is filed before the close of the one-year period beginning on January 1, 2018.
SEC. 2.
 The Legislature hereby declares that compensation to victims of a miscarriage of justice due to wrongful incarceration constitutes a public purpose and is not a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.