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SB-1050 Criminal procedure: erroneous convictions.(2017-2018)

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Date Published: 02/12/2018 09:00 PM
SB1050:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1050


Introduced by Senator Lara

February 12, 2018


An act to amend Section 4900 of the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 1050, as introduced, Lara. Criminal procedure: erroneous convictions.
Existing law provides procedures for a person to make a claim for pecuniary damages for wrongful conviction and incarceration if, among other circumstances, the person has secured a declaration of factual innocence from the court, if the court has found the person factually innocent, or if the person was granted a pardon by the Governor, as specified.
This bill would make a technical, nonsubstantive change to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4900 of the Penal Code is amended to read:

4900.
 Any A person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 for that conviction, is granted a pardon by the Governor for the reason that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her, or who, being innocent of the crime with which he or she was charged for either of the foregoing reasons, shall have served the term or any part thereof for which he or she was imprisoned in state prison or incarcerated in county jail, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment or incarceration.