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SB-1094 Wrongful convictions.(2017-2018)

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Date Published: 06/11/2018 09:00 PM
SB1094:v97#DOCUMENT

Amended  IN  Assembly  June 11, 2018
Amended  IN  Senate  April 26, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1094


Introduced by Senators Anderson and Skinner
(Coauthor: Senator Glazer)

February 13, 2018


An act to amend Sections 1485.5, 1485.55, 4900, 4901, 4902, 4903, and 4904 of the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 1094, as amended, Anderson. Wrongful convictions.
Existing law authorizes a person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint, and provides for the release requires the discharge of that person if no legal cause is shown for his or her imprisonment or restraint. Existing law provides that Under existing law, if the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be are binding on the Attorney General, the factfinder, and the California Victim Compensation Board. Existing law also provides that requires the express factual findings made by the court in considering or granting a petition for habeas corpus, a motion to vacate judgment on the basis of newly discovered evidence relating to misconduct by a government official, as specified, or an application for a certificate of factual innocence, is to be binding on the Attorney General, the factfinder, and the board.
This bill would make those provisions inapplicable to specified cases in which the board is required to recommend to the Legislature that an appropriation be made and a claim be paid to compensate a person for a wrongful conviction.
Existing law authorizes a person who has been convicted of a felony, imprisoned or incarcerated, and granted a pardon because either the crime was not committed or the person was innocent of the crime to present a claim against the state to the board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment or incarceration. Existing law provides that Under existing law, in a contested proceeding, if a court has granted a writ of habeas corpus or vacates a judgment, and if the court has found that the person is factually innocent, that finding shall be is binding on the board, as provided. Under existing law, if a court grants a writ of habeas corpus but does not find the person factually innocent or if the court vacates a judgment due to new evidence of innocence, the person may move for a finding of factual innocence by a preponderance of the evidence. Existing law provides that requires the board, under any of those circumstances, if the court makes a finding that the petitioner has proven his or her factual innocence, upon application by the person, the board shall, and without a hearing, to recommend to the Legislature that an appropriation be made and the claim paid, as specified.
This bill would make those provisions applicable to cases in which newly discovered evidence of actual innocence exists that requires vacation of a conviction. The bill would additionally provide that require the board, if a state or federal court has granted a writ of habeas corpus and reversed a conviction or if a state court has granted a motion to vacate a conviction, as specified, and as a result of either of those actions, the charges were subsequently dismissed or the person was acquitted of the charges on retrial, the board shall, upon application by the person, and without a hearing, to recommend to the Legislature that an appropriation be made and the claim paid, as provided.
Existing law requires the claim for compensation for wrongful convictions to be presented to the board within 2 years after the judgment of acquittal, pardon granted, or release from custody.
This bill would specify that the 2-year deadline applies to whichever action occurs later. The bill would also apply the 2-year deadline to the dismissal of charges.
Existing law provides that requires the board, if a conviction is set aside based up upon a determination that the person was factually innocent of the charge, as provided, the board shall to calculate the compensation within 30 days of the presentation of the claim calculate the compensation. Existing law provides that claim. Under existing law, if the evidence shows that the crime was either not committed at all, or if committed, was not committed by the claimant, and that the claimant has sustained injury through the erroneous conviction and imprisonment, the board shall is required to report the facts of the case and its conclusions to the next Legislature with a recommendation that the Legislature make an appropriation for the purpose indemnifying the claimant, as specified.
This bill would also apply these requirements to cases in which a state or federal court has granted a writ of habeas corpus or a state court has granted a motion to vacate, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1485.5 of the Penal Code is amended to read:

1485.5.
 (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General and the factfinder, and if subdivision (b) of Section 4900 does not apply, on the California Victim Compensation Board.
(b) The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment.
(c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General and the factfinder, and if subdivision (b) of Section 4900 does not apply, on the California Victim Compensation Board.
(d) For the purposes of this section, “express factual findings” are findings established as the basis for the court’s ruling or order.
(e) For purposes of this section, “court” is defined as a state or federal court.

SEC. 2.

 Section 1485.55 of the Penal Code is amended to read:

1485.55.
 (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence 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.
(b) If the court makes a finding that the petitioner has proven his or her factual innocence by a preponderance of the evidence pursuant to subdivision (a), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.
(c) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a).
(d) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence 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, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.

SEC. 3.

 Section 4900 of the Penal Code is amended to read:

4900.
 (a) Except as provided in subdivision (b), any 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 those 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 injury sustained by him or her through the erroneous conviction and imprisonment or incarceration.
(b) If For a person having been convicted of a crime against the state amounting to a felony and having been imprisoned in the state prison or incarcerated in a county jail pursuant to subdivision (h) of Section 1170 for that conviction, and for whom a state or federal court has granted a writ of habeas corpus and reversed the conviction, or if for whom a state court has granted a motion to vacate the conviction pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of 1473.7, and for whom as a result of any of those actions the charges were subsequently dismissed or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. If an applicant meets the requirements under this section, no additional findings are required under any other law.

SEC. 4.

 Section 4901 of the Penal Code is amended to read:

4901.
 (a) A claim under Section 4900, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of complaints in civil actions, is required to be presented by the claimant to the California Victim Compensation Board within a period of two years after judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later. A claim that does not meet the timeline specified in this subdivision, shall not be considered by the California Victim Compensation Board.
(b) For purposes of subdivision (a), “release from custody” means release from imprisonment from state prison or from incarceration in county jail when there is no subsequent parole jurisdiction exercised by the Department of Correction and Rehabilitation or postrelease jurisdiction under a community corrections program, or when there is a parole period or postrelease period subject to jurisdiction of a community corrections program, when that period ends.
(c) A person may not file a claim under Section 4900 until 60 days have passed since the date of reversal of conviction or granting of the writ, or while the case is pending upon an initial refiling, or until a complaint or information has been dismissed a single time.

SEC. 5.

 Section 4902 of the Penal Code is amended to read:

4902.
 (a) If Section 851.865 or 1485.55, or subdivision (b) of Section 4900, applies in any claim, the California Victim Compensation Board shall, within 30 days of the presentation of the claim, calculate the compensation for the claimant pursuant to Section 4904 and recommend to the Legislature payment of that sum. As to any claim to which Section 851.865 or 1485.55, or subdivision (b) of Section 4900 does not apply, the Attorney General shall respond to the claim within 60 days or request an extension of time, upon a showing of good cause.
(b) Upon receipt of a response from the Attorney General, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing. The board shall use reasonable diligence in setting the date for the hearing and shall attempt to set the date for the hearing at the earliest date convenient for the parties and the board.
(c) If the time period for response elapses without a request for extension or a response from the Attorney General pursuant to subdivision (a), the board shall fix a time and place for the hearing of the claim, mail notice thereof to the claimant at least 15 days prior to the time fixed for the hearing, and make a recommendation based on the claimant’s verified claim and any evidence presented by him or her.

SEC. 6.

 Section 4903 of the Penal Code is amended to read:

4903.
 (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact 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, and the injury sustained by him or her through his or her erroneous conviction and incarceration.
(b) In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for granting a writ of habeas corpus, a motion for new trial pursuant to Section 1473.6, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.
(c) The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.

SEC. 7.

 Section 4904 of the Penal Code is amended to read:

4904.
 If Section 851.865 or 1485.55, or subdivision (b) of Section 4900, applies to a claim, or 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 has sustained injury through his or her erroneous conviction and incarceration, the California Victim Compensation Board shall report the facts of the case and its conclusions to the next Legislature, with a recommendation that the Legislature make an appropriation for the purpose of indemnifying the claimant for the injury. The amount of the appropriation recommended shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. That appropriation shall not be treated as gross income to the recipient under the Revenue and Taxation Code.