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 courts 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.

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 of that person if no legal cause is shown for his or her imprisonment or restraint. Existing law provides that 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 courts ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. Existing law also provides that 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 binding on the Attorney General, the factfinder, and the board.

This bill would repeal those provisions. 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 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 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 further provides that under any of those circumstances, upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid, as specified.

This bill, instead, 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 if a state or federal court grants has granted a writ of habeas corpus or if a state court grants has granted a motion to vacate, as specified, and the charges are were subsequently dismissed or the person is was acquitted of the charges on retrial, the board shall, upon application by the person, and without a hearing, 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 if a conviction is set aside based up a determination that the person was factually innocent of the charge, as provided, the board shall within 30 days of the presentation of the claim calculate the compensation. Existing law provides that 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 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 grants has granted a writ of habeas corpus or a state court grants has granted a motion to vacate, as specified.

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 of that person if no legal cause is shown for his or her imprisonment or restraint. Existing law provides that 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 courts ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. Existing law also provides that 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 binding on the Attorney General, the factfinder, and the board.

This bill would repeal those provisions.

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 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 binding on the board, as provided. Existing law further provides that upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid, as specified.

This bill, instead, would provide that if a state or federal court grants a writ of habeas corpus or if a state court grants a motion to vacate, as specified, and the charges are dismissed or the person is acquitted of the charges on retrial, the board shall, upon application by the person, and without a hearing, 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 if a conviction is set aside based up a determination that the person was factually innocent of the charge, as provided, the board shall within 30 days of the presentation of the claim calculate the compensation. Existing law provides that 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 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 grants a writ of habeas corpus or a state court grants a motion to vacate, as specified.

Date of Hearing: August 8, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1094

Author:(Anderson) – As Amended Ver:June 11, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the California Victim Compensation Board (CalVCB), without holding a hearing, to recommend to the Legislature that an appropriation be made to pay the claim for a person who was wrongly convicted and subsequently exonerated on the basis of newly discovered evidence.

FISCAL EFFECT:

1. Unknown costs (Restitution Fund/federal funds), likely in the hundreds of thousands of dollars annually, for CalVCB to pay claims it would otherwise deny because the person was unable to provide evidence supporting their innocence. For example, in 2016 a claim for about $107,000 for wrongful incarceration of a defendant previously convicted of child molestation was rejected by CalCVB because the defendant was unable to provide a preponderance of evidence that they are innocent. Similarly, a 2011 claim for about $280,000 for wrongful incarceration of a defendant previously convicted of attempted murder was rejected by CalVCB because the defendant was unable to provide a preponderance of evidence that they are innocent. In addition, CalVCB anticipates the total number of claims will increase because it will be easier to receive compensation.
2. Potential savings to CalVCB from reduced workload to the extent the decrease in tasks per case is not offset by an increase in the total cases.

COMMENTS:

1. Background. Defendants who have their convictions overturned may ask the judge to enter a finding that they are factually innocent. Under current law, with a finding from the judge that the defendant is innocent, Cal VCB must recommend that the legislature make an appropriation to pay the factually innocent person at the rate of $140 per day of incarceration. However, some defendants who prevail in overturning their convictions either do not ask, or do not receive such a finding from the judge. In these cases, defendants must prove to CalVCB, usually through a hearing, that it is more likely than not that they are factually innocent of the crime which they were charged in order to receive compensation.
2. Purpose. This bill expands the cases in which CalVCB will automatically recommend payment of the defendant’s claim to include certain cases where the person has not obtained a finding of innocence from the judge. According to the author:

Imprisoning an innocent person is an affront to the very concept of a fair system of justice for the accused, the victims, and both their families. When it occurs, the least the state can do is restore that individual as quickly and completely as possible to the life taken from them. It is essential to the mission of the criminal justice system that it addresses its admitted mistakes. One way it does so is by providing compensation to innocent persons who spend years behind bars for crimes they did not commit. The changes I am offering would ensure that wrongfully convicted individuals are compensated efficiently and without needless litigation.

1. Prior legislation. SB 1134 (Leno), Chapter 785, Statutes of 2016, required CalVCB to recommend that the Legislature make an appropriation to fund a claim for wrongful incarceration if the court finds that claimant is factually innocent.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: June 26, 2018

Counsel: Matthew Fleming

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 1094

Author:(Anderson) – As Amended Ver:June 11, 2018

SUMMARY: Requires the California Victim Compensation Board (CVCB) to recommend to the legislature that an appropriation be made and the claim paid to a person who was wrongly convicted and subsequently exonerated on the basis of newly discovered evidence. Specifically, this bill:

1. States that a person who was convicted of a felony and incarcerated in the state prison or county jail, for whom a state or federal court has granted a writ of habeas corpus and reversed the conviction, or for whom a state court has granted a motion to vacate the conviction on the grounds of newly discovered evidence, 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 CVCB shall, upon application by the person, and without a hearing as to factual innocence, recommend to the Legislature that an appropriation be made and the claim paid to him or her.
   
2. Specifies that no additional findings are required in order for the CVCB to make such a recommendation.
   
3. Clarifies that a claim for compensation must be brought within two years of the judgement of acquittal, dismissal of charges, grant of a pardon, or release from custody, whichever is latest.
4. Removes the requirement that a person bringing a claim for compensation to the CVCB for having been erroneously convicted prove pecuniary harm.
   
5. Repeals two penal code subdivisions that established a process for a person to obtain compensation from the CVCB upon a grant of a writ of habeas corpus or a motion to vacate, which would be unnecessary under the provisions of this bill.
   

EXISTING LAW:

1. Establishes procedures for the filing and hearing of a petition for a writ of habeas corpus, which allows a person to challenge his or her incarceration or related restraint as unlawful. (Pen. Code, §§ 1474-1508.)
2. Authorizes a person no longer unlawfully imprisoned to file a motion to vacate a judgment for any of the following reasons:
   
   1. Newly discovered evidence of fraud by a government official that completely undermines the prosecution’s case, is conclusive, and points unerringly to his or her innocence;
      
   2. Newly discovered evidence that a government official testified falsely at the trial that resulted in the conviction and that the testimony of the government official was substantially probative on the issue of guilt or punishment; or
      
   3. Newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment. Evidence of misconduct in other cases is not sufficient to warrant relief under this paragraph. (Pen. Code, § 1473.6.)
      
3. Authorizes a person no longer unlawfully imprisoned to file a motion to vacate a conviction on the basis of newly discovered evidence of actual innocence that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. (Pen. Code, § 1473.7, subd. (a)(2).)
   
4. Authorizes a person who was arrested and charged, but not convicted, to petition the court that dismissed the action for a finding that he or she is factually innocent of the charges for which the arrest was made. (Pen. Code, § 851.8, subd. (c).)
   
5. Authorizes the judge, whenever any person is acquitted of a charge and it appears to the judge presiding at the trial at which the acquittal occurred that the defendant was factually innocent of the charge to make a finding of factual innocence and order the sealing of destruction of records. (Pen. Code, § 851.8, subd. (e).)
6. Requires that if a person has secured a declaration of factual innocence from the court, the finding shall be sufficient grounds for compensation by the CVCB and that upon application the CVCB shall, without a hearing, recommend to the legislature that an appropriation be made. (Pen. Code, § 851.865.)
7. Requires the court to inform a person whose conviction has been set aside based upon a determination that the person was factually innocent of the charge of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims. (Pen. Code, § 851.86.)
8. Provides that if the district attorney or Attorney General (AG) stipulates to or does not contest the factual allegations underlying one or more grounds for granting a writ of habeas corpus or a motion to vacate a judgement, the facts underlying the basis for the court’s ruling shall be binding on the AG, the factfinder, and the California Victim Compensation Board. (Pen. Code, § 1485.5, subd. (a).)
9. States that in a contested or uncontested proceeding, the express factual findings made by the court in considering a petition for habeas corpus, a motion to vacate judgment, or an application for a certificate of factual innocence, shall be binding on the AG, the factfinder, and the California Victim Compensation Board. (Pen. Code, § 1485.5, subd. (c).)
   
10. States that, in a contested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgement, and if the court has found that the person is factually innocent, that the finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid. (Pen. Code, § 1485.55, subd. (a).)
    
11. States that, in a contested or uncontested proceeding, if the court grants a writ of habeas corpus and did not find the person factually innocent in the habeas corpus proceedings, the petitioner 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. (Pen. Code, § 1485.55, subd. (b).)
    
12. States that if the court vacates a judgment on the basis of newly discovered evidence, the petitioner 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. (Pen. Code, § 1485.55, subd. (c).)
    
13. States that 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 (b) or (c), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid. (Pen. Code, § 1485.55, subd. (d).)
    
14. Specifies that the failure to request or obtain a finding of factual innocence does not result in any presumption that the person is not factually innocent in any other proceeding. (Pen. Code, § 1485.55, subd. (e).)
    
15. Provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison 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, may, as specified, present a claim against the state to the board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. (Pen. Code, § 4900.)
16. Allows erroneously convicted and pardoned individuals two years after acquittal, pardon or release of custody to file a claim against the state. (Pen. Code, § 4901.)
17. States that if a person has secured a declaration of factual innocence or if the court has granted a writ of habeas corpus or vacated a judgement and has found that the person is factually innocent, the California Victim Compensation Board, shall, within 30 days of the presentation of the claim, calculate compensation and recommend to the Legislature payment of that sum. (Pen. Code, § 4902, subd. (a).)
    
18. Establishes that the rate of compensation is $140 per day of incarceration served subsequent to the claimant's conviction, and specifies that this appropriation shall not be considered gross income for state tax purposes. (Pen. Code, § 4904.)

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, “Imprisoning an innocent person is an affront to the very concept of a fair system of justice for the accused, the victims, and both their families. When it occurs, the least the state can do is restore that individual as quickly and completely as possible to the life taken from them. It is essential to the mission of the criminal justice system that it addresses its admitted mistakes. One way it does so is by providing compensation to innocent persons who spend years behind bars for crimes they did not commit. The changes I am offering would ensure that wrongfully convicted individuals are compensated efficiently and without needless litigation.”
   
2. Post-conviction Proceedings: California, like all jurisdictions in the United States, provides a process in which a person can challenge his or her conviction even after trial and appeal have concluded. This post-conviction procedure is often referred to formally as the “writ of habeas corpus.” A writ of habeas corpus normally requires a person to be incarcerated in order to be eligible to file the motion, since the traditional relief granted by prevailing on a writ of habeas corpus is release from custody. (Pen. Code, §§ 1473 and 1501.)

However, there are several situations in which a person who is not in custody can pursue post-conviction proceedings as well. Specifically, a person can file a motion to vacate the judgement, or a motion to vacate the conviction and sentence even after being released. Such motions are pursuable in a couple of situations, including when new evidence is discovered that tends to prove the defendant is innocent, and when it is discovered that false evidence was used to prove that the defendant was guilty. (See Pen. Code, §§ 1473.6 and 1473.7(a)(2).)

1. Compensation for the Wrongfully Convicted: Defendants who prevail in post-conviction proceedings may ask the judge to enter a finding that they are actually innocent. (Pen. Code, § 851.8.) Upon such a finding, the CVCB must recommend that the legislature make an appropriation to pay the factually innocent person at the rate of $140 per day of incarceration. However, some defendants who prevail in their post-conviction proceedings either do not ask, or do not receive such a finding from the judge. If that is the case, they must prove to the CVCB that it is more likely than not that they are factually innocent of the crime which they were charged in order to receive compensation.

This bill would eliminate the requirement that a person prove their innocence to the CVCB, and instead allow for a prompt recommendation to the Legislature that compensation be paid when the person prevails on their post-conviction claim. This bill would only apply to those situations in which the post-conviction claim was based upon newly discovered evidence that the defendant was in fact innocent, or where newly discovered evidence shows that false evidence was used and relied upon to prove the defendant’s guilt. It therefore appears that this bill would eliminate some redundant litigation and would allow defendants who have been wrongfully imprisoned to get back on their feet more expediently.

1. Argument in Support: According to the bill’s Sponsors, the California Innocence Project, Northern California Innocence Project, and Loyola Project for the Innocent: “SB 1094 is needed because the problem with the compensation process continues in two forms: 1) There are courts that have denied a finding of factual innocence under the preponderance standard based without holding evidentiary hearing. An example of this is the case of Maurice Caldwell. Maurice’s case was reversed based on his lawyer’s ineffective representation

for failing to investigate his evidence of innocence. The District Attorney’s office later dismissed the charges. Maurice petitioned for a finding of factual innocence and the court, having never heard from witnesses, including the actual murderer who confessed, denied the request simply on the papers. Maurice is now in the middle of an evidentiary hearing in front of a hearing officer from the VCGCB, with the burden of proving that he should be compensated for his 20 years of wrongful incarceration. 2) In cases that have the hearing before the hearing officer from the VCGCB, even with a recommendation from the hearing officer, who heard all of the testimonial evidence in the case, to award compensation, the deciding 3 members of the VCGCB, who do not sit through the evidentiary hearing, go against the hearing officer’s recommendations because the attorney general’s office is objecting to compensation, which they often do.

“Therefore, even after a court examines all of the evidence of innocence, reverses the conviction and then the State dismisses charges or our clients are acquitted on re-trial, an exoneree who has proven they were wrongfully convicted and is once again presumed innocent cannot get compensation without more litigation. On average, this process adds another 1.5 to 2.5 years to an exoneree’s quest to move on from their wrongful conviction.

“While 26 exonerated men and women have received compensation through the existing

process, the compensation process underestimates the amount of evidence that was required to justify the reversal of our clients’ convictions in a court of law and requires yet more to justify why these innocent men and women are not deserving of reparation in the form of compensation.”

1. Prior Legislation:
   
   1. SB 321 (Monning), of the 2017–2018 Legislative Session, would have required the Governor to appoint a special master to oversee all claims for compensation presented to the CVCB in wrongful conviction cases. SB 321 was held in Senate Appropriations Committee.
      
   2. SB 1134 (Leno), Chapter 785, Statutes of 2016, allowed a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial; also required the CVCB to recommend an appropriation to the Legislature if the court finds that the person is factually innocent.
      
   3. SB 694 (Leno), of the 2015–2016 Legislative Session, was substantially similar to SB 1134. SB 694 was held in the Assembly Appropriations Committee.
      
   4. AB 672 (Jones-Sawyer), Chapter 403, Statutes of 2015, required the Department of Corrections and Rehabilitation to assist an exonerated person with transitional services upon release.
      
   5. SB 635 (Nielsen), Chapter 422, Statutes of 2015, raised the compensation rate for wrongfully convicted persons from $100 per day to $140 per day.
      
   6. SB 618 (Leno), Chapter 800, Statutes of 2013, streamlined and provided clarity to the process for compensating exonerated persons.
      
   7. AB 316 (Solorio), Chapter 432, Statutes of 2009, extended the timeline for filing claims with the CVCB from six months to two years, allowed a finding of factual innocence to be used as proof in a claim before the CVCB, and extended the statute of limitations for legal malpractice in specified situations.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California Innocence Project (Co-Sponsor)
California Public Defenders Association

Northern California Innocence Project (Co-Sponsor)

Loyola Innocence Project (Co-Sponsor)
American Civil Liberties Union

California Attorneys for Criminal Justice

Ella Baker Center for Human Rights

Opposition

None

Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 1094

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/17/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT: Wrongful convictions

SOURCE: California Innocence Project

Loyola Project for the Innocent

Northern California Innocence Project

DIGEST:

This bill requires the California Victim Compensation Board, without a hearing, to recommend payment of a claim by a person who has been granted a writ of habeas corpus or a motion to vacate based on newly discovered evidence, as specified, if the charges were subsequently dismissed or the person was acquitted of the charges on retrial.

ANALYSIS:

Existing law:

1. Establishes procedures for the filing and hearing of a petition for a writ of habeas corpus, which allows a person to challenge his or her incarceration or related restraint as unlawful. (Pen. Code §§ 1474-1508.)
2. Authorizes a person to file a motion to vacate a conviction or sentence based on newly discovered evidence, as specified, or because the conviction or sentence was legally invalid. (Pen. Code §§ 1473.6 and 1473.7.)
3. Requires the court to inform a person whose conviction has been set aside based upon a determination that the person was factually innocent of the charge of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims. (Pen. Code § 851.86.)
4. States that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the California Victim Compensation Board. Upon application the board shall, without a hearing, recommend to the Legislature that an appropriation be made. (Pen. Code § 851.865.)
5. Provides that if the district attorney or Attorney General (AG) stipulates to or does not contest the factual allegations underlying one or more grounds for granting a writ of habeas corpus or a motion to vacate a judgement, the facts underlying the basis for the court’s ruling shall be binding on the AG, the factfinder, and the California Victim Compensation Board. (Pen. Code § 1485.5, subd. (a).)
6. States that in a contested or uncontested proceeding, the express factual findings made by the court in considering a petition for habeas corpus, a motion to vacate judgment, or an application for a certificate of factual innocence, shall be binding on the AG, the factfinder, and the California Victim Compensation Board. (Pen. Code § 1485.5, subd. (c).)
7. States that, in a contested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgement, and if the court has found that the person is factually innocent, that the finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid. (Pen. Code § 1485.55, subd. (a).)
8. Provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison 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, may, as specified, present a claim against the state to the board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. (Pen. Code § 4900.)
9. Sets the rate of compensation at $140 per day of incarceration served subsequent to the claimant's conviction, and specifies that this appropriation shall not be considered gross income for state tax purposes. (Pen. Code § 4904.)
10. Gives erroneously convicted and pardoned individuals two years after acquittal, pardon or release of custody to file a claim against the state. (Pen. Code § 4901.)
11. States that if a person has secured a declaration of factual innocence or if the court has granted a writ of habeas corpus or vacated a judgement and has found that the person is factually innocent, the California Victim Compensation Board, shall, within 30 days of the presentation of the claim, calculate compensation and recommend to the Legislature payment of that sum. (Pen. Code § 4902, subd. (a).)

This bill:

1. Provides that if a state or federal court has granted a writ of habeas corpus or if a state court grants a motion to vacate based on newly discovered evidence as specified, and 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.
2. Specifies that the two-year deadline to file a claim against the state applies to whichever action occurs later: judgment of acquittal, pardon granted, release from custody, or dismissal of charges.
3. Clarifies that the injury that a claimant must show to the California Victim Compensation Board does not have to be pecuniary.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Unknown, potentially-major costs to pay claims that otherwise would have been denied by the Victim Compensation Board. (General Fund)
• Unknown savings to Victim Compensation Board in reduced staff workload in not having to look into and assisting the board resolve specified erroneous conviction compensation applications. (Special fund*)

*Restitution Fund

SUPPORT: (Verified 5/25/18)

California Innocence Project (co-source)

Loyola Project for the Innocent (co-source)

Northern California Innocence Project (co-source)

American Civil Liberties Union of California

California Public Defenders Association

Ella Baker Center for Human Rights

OPPOSITION: (Verified 5/25/18)

California District Attorneys Association

Prepared by: Stella Choe / PUB. S. /

5/26/18 15:20:32

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SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 1094 (Anderson) - Wrongful convictions

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 1094 would require the California Victim Compensation Board (VCB) to, without a hearing, recommend payment of a claim by a person who has been granted a writ of habeas corpus or a motion to vacate based on newly-discovered evidence of actual innocence, as specified.

Fiscal Impact:

• Unknown, potentially-major costs to pay claims that otherwise would have been denied by VCB. (General Fund)
• Unknown savings to VCB in reduced staff workload in not having to look into and assisting the board resolve specified erroneous conviction compensation applications. (Special fund*)

*Restitution Fund

Background:

According to the analysis of this bill by the Senate Committee on Public Safety:

California law allows a factually innocent person – an “exonoree” – who has been wrongfully convicted of a felony and imprisoned to apply for compensation at a rate of $140 per day. (Pen. Code, § 4904.) If a claimant has first obtained a declaration of factual innocence from a court, this finding is binding on the Victim Compensation Board and the Attorney General (AG), who represents the state in wrongful conviction claims, and the board is required to recommend to the Legislature to make a payment to the claimant within 30 days of the claim. For claimants who have not obtained a declaration of factual innocence, the AG must respond to the claim within 60 days or request an extension of time, upon a showing of good cause. Upon receipt of the response from the AG, the board must set a time and place for the hearing and mail notice of the hearing to the claimant and the AG. The board is required to 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 all parties and the board. (Pen. Code, § 4902.)

In order to be successful on a claim of wrongful conviction, a person must show at the hearing, by a preponderance of the evidence, that (1) 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 (2) the pecuniary injury sustained by him or her through his or her erroneous conviction and imprisonment. (Pen. Code, § 4903.) At the hearing, the board considers all of the evidence presented and makes a determination as to whether the claimant has met the burden of proof required under Penal Code section 4903.

In 2013, SB 618 (Leno, Chapter 800, Statutes of 2013) required the board to recommend payment on a wrongful conviction claim, without a hearing, for persons who have been declared factually innocent by a court. Then in 2014, SB 1058 (Leno, Chapter 623, Statutes of 2014) defined false evidence, for purposes of a writ of habeas corpus, to include opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances. And in 2016, SB 1134 (Leno, Chapter 785, Statutes of 2016) changed the standard to be granted a habeas petition based on new evidence from “must point unerringly to innocence” to the lower “more likely than not, would have changed the trial outcome.”

Proposed Law:

This bill would:

• Require VCB, upon application by a person and without a hearing, to recommend to the Legislature that an appropriation be made and the claim paid for a person who was granted a habeas corpus writ by either the state or federal court or granted a motion to vacate by the state court, as specified, and the charges were dismissed subsequently or the person was acquitted of the charges on a retrial.
• Remove the requirement that injury that a claimant must show to VCB be pecuniary.
• Make inapplicable, to cases in which VCB would be required to recommend a claim be paid under this bill, specified provisions related to the binding nature of fact finding by the court in contested or uncontested proceedings related to the consideration of a petition for habeas corpus.

Related Legislation:

SB 1134 (Leno, Ch. 785, Stats. 2016) and SB 694 (Leno, 2015) were substantially similar to one another. SB 694 was held on the Suspense File of the Assembly Committee on Appropriations. SB 1134 allowed the court to issue a writ of habeas corpus on the ground that new evidence exists that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial.

SB 635 (Nielsen, Ch. 422, Stats. 2015) raised the compensation for innocent persons who were wrongly convicted from $100 to $140 per day of incarceration served, as specified, and expands the scope of a compensable injury to include non-pecuniary injuries, as specified.

SB 1058 (Leno, Ch. 623, Stats. 2013) allowed a writ of habeas corpus when evidence given at trial subsequently has been repudiated by the expert that testified or has been undermined by later scientific research or technological advances.

SB 618 (Leno, Ch. 800, Stats. 2013) streamlined and provided clarity to the process for compensating persons who have been exonerated after incarceration.

Staff Comments:

This bill would require the automatic approval of compensation claims for wrongful convictions, as specified. The actual impact of this bill for any given year is unknown, as it would depend on how many individuals are granted a habeas corpus writ, file a compensation claim, and satisfy the other requirements under this bill and existing law to receive automatic compensation (e.g., they were acquitted of the charges at retrial or the charges were dropped after the grant of the writ). Reviewing just a few examples of recent claims denied by VCB that would require an automatic recommendation of payment by this measure, the associated costs to the General Fund could be in the millions of dollars. Take, for example, the denied claims of Messrs. Luis Galicia, Rafael Madrigal, Jr., and Daniel Larsen which would have been $106,800, $471,240, and $694,820, respectively. Under the provisions of SB 1094, VCB would be required to recommend to the Legislature payment of these claims.

Additionally, it appears that this bill could result in the automatic recommendation of the payment of a claim without any finding of innocence. Looking into the procedural history of one of the denied claims mentioned above, that of Mr. Larsen, it appears that, while a federal district court granted his request for a habeas corpus writ for ineffective assistance of counsel during his trial, the court denied his subsequent motion for a finding of factual innocence. The federal magistrate judge found, which the district court judge adopted after a separate review, that while Mr. Larsen “demonstrated it was ‘more likely than not that no reasonable juror would have convicted him in the light of the new evidence’ he presented … the Court did not affirmatively conclude that [he] was actually innocent of possessing a dagger.” Additionally, the Los Angeles District Attorney’s Office ultimately chose not to retry Mr. Larsen on the original charge despite the desire to do so, because reforms to the Three Strikes Law had changed the punishment for a new conviction of the charge from an indeterminate life sentence to a maximum sentence of nine years imprisonment. Because Mr. Larsen had served over thirteen years for this case already, a retrial was not sought.

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SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 1094 Hearing Date: April 17, 2018

Subject: Wrongful Convictions

HISTORY

Source: California Innocence Project

Loyola Project for the Innocent

Northern California Innocence Project

Prior Legislation: SB 321 (Monning), 2017, held in Senate Appropriations Comm.

SB 1134 (Leno), Ch. 785, Stats. 2016

SB 694 (Leno), 2015, held in Assembly Appropriations Comm.

AB 672 (Jones-Sawyer), Ch. 403, Stats. 2015

SB 635 (Nielsen), Ch. 422, Stats. 2015

SB 1058 (Leno) Ch. 623, Stats. 2014

SB 618 (Leno), Ch. 800, Stats. 2013

AB 316 (Solorio), Ch. 432, Stats. 2009

AB 2937 (Solorio), 2008, vetoed

AB 1799 (Baugh), Ch. 630, Stats. 2000

Support: California Public Defenders Association; Ella Baker Center for Human Rights

Opposition: California District Attorneys Association

PURPOSE

The purpose of this bill is to require the California Victim Compensation Board to, without a hearing, recommend payment of a claim by a person who has been granted a writ of habeas corpus or a motion to vacate based on newly discovered evidence of actual innocence, as specified.

Existing law establishes procedures for the filing and hearing of a petition for a writ of habeas corpus, which allows a person to challenge his or her incarceration or related restraint as unlawful. (Pen. Code, §§ 1474-1508.)

Existing law authorizes a person to file a motion to vacate a conviction or sentence based on newly discovered evidence, as specified, or because the conviction or sentence was legally invalid. (Pen. Code, §§ 1473.6 and 1473.7.)

Existing law requires the court to inform a person whose conviction has been set aside based upon a determination that the person was factually innocent of the charge of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims. (Pen. Code, § 851.86.)

Existing law states that if a person has secured a declaration of factual innocence, the finding shall be sufficient grounds for compensation by the California Victim Compensation Board. Upon application the Board shall, without a hearing, recommend to the Legislature that an appropriation be made. (Penal Code § 851.865.)

Existing law provides that if the district attorney or Attorney General (AG) stipulates to or does not contest the factual allegations underlying one or more grounds for granting a writ of habeas corpus or a motion to vacate a judgement, the facts underlying the basis for the court’s ruling shall be binding on the AG, the factfinder, and the California Victim Compensation Board. (Pen. Code, § 1485.5, subd. (a).)

Existing law states that in a contested or uncontested proceeding, the express factual findings made by the court in considering a petition for habeas corpus, a motion to vacate judgment, or an application for a certificate of factual innocence, shall be binding on the AG, the factfinder, and the California Victim Compensation Board. (Pen. Code, § 1485.5, subd. (c).)

Existing law states that, in a contested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgement, and if the court has found that the person is factually innocent, that the finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid. (Pen. Code, § 1485.55, subd. (a).)

This bill repeals Penal Code section 1485.5. and subdivision (a) of Penal Code section 1485.55.

This bill instead provides that if a state or federal court grants a writ of habeas corpus or if a state court grants a motion to vacate based on newly discovered evidence, as specified, or legal invalidity, and as a result of either or those actions the charges are dismissed or the person is 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.

Existing law provides that any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison 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, may, as specified, present a claim against the state to the board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. (Pen. Code, § 4900.)

Existing law sets the rate of compensation at $140 per day of incarceration served subsequent to the claimant's conviction, and specifies that this appropriation shall not be considered gross income for state tax purposes. (Pen. Code, § 4904.)

Existing law gives erroneously convicted and pardoned individuals two years after acquittal, pardon or release of custody to file a claim against the state. (Pen. Code, § 4901.)

This bill specifies that the two-year deadline applies to whichever action occurs later: judgment of acquittal, pardon granted, release from custody, or dismissal of charges.

Existing law states that if a person has secured a declaration of factual innocence or if the court has granted a writ of habeas corpus or vacated a judgement and has found that the person is factually innocent, the California Victim Compensation Board, shall, within 30 days of the presentation of the claim, calculate compensation and recommend to the Legislature payment of that sum. (Pen. Code, § 4902, subd. (a).)

This bill requires the California Victim Compensation Board, within 30 days of the presentation of the claim, to calculate compensation and recommend to the Legislature payment of that sum in a claim where a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate, and as a result of either or those actions the charges were dismissed or the person has been acquitted of the charges on a retrial.

This bill makes other conforming changes.

COMMENTS

1. Need for This Bill

According to the sponsor of this bill:

In 2013, SB 618 (Leno) was a great step towards making the compensation process fairer for exonerees. SB 618 allowed for people who had already proven their innocence to be granted automatic compensation rather than go through the sometimes years-long process of assessing whether they should be granted compensation. In pertinent part, SB 618 did a couple of things: 1) It made compensation automatic in cases that were contested, later reversed or vacated, and a court found that new evidence pointed unerringly to innocence (California’s common law “freestanding actual innocence standard”) and; 2) It made compensation automatic for exonerees who had their convictions reversed and dismissed and later, through more litigation, received a finding of factual innocence by a court under a preponderance of the evidence standard.

Recent legislative changes introduced in the last few years, notably SB 1058 (Leno) and SB 1134 (Leno), have further streamlined the standards by which a conviction may be reversed based on newly discovered evidence. These changes have provided welcome clarification and guidance to the area of wrongful convictions. However, the changes mean a reversal based on these new laws do not necessarily result in automatic compensation, as the compensation scheme was enacted before the laws changed. Indeed, there is no longer any automatic compensation without further litigation now that courts will no longer find the new evidence points unerringly to innocence.

Therefore, for most of our cases, after a court examines all of the evidence of innocence, reverses the conviction and then charges are dismissed by the state or our clients are acquitted on re-trial, require that we go back to court or to the hearing officer for the Victims Compensation Government Claims Board (VCGCB), to conduct another hearing to convince them to make a finding of factual innocence by a preponderance standard in order for compensation to be automatic.

SB 1094 would make compensation required for a narrow category of cases in which convictions were reversed through a habeas petition or motion to vacate –both require new evidence showing that the individual was wrongfully convicted – and the charges are dismissed. SB 1094 also expands the time one can file an application for compensation to include the time that an individual’s conviction is reversed as there are innocent men and women, who have served their entire sentence and are back in society, yet under current law, do not have the opportunity to even apply for compensation.

2. Writ of Habeas Corpus

Writ of habeas corpus, also known as "the Great Writ", is a process guaranteed by both the federal and state Constitutions to obtain prompt judicial relief from illegal restraint. The functions of the writ is set forth in subdivision (a) of Penal Code section 1473: "Every person unlawfully imprisoned or restrained of his or her liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint."

A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: (1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to his or her incarceration; (2) False physical evidence, believed by a person to be factual, probative, or material on the issue of guilt, which was known by the person at the time of entering a plea of guilty, which was a material factor directly related to the plea of guilty by the person; or (3) New evidence exists that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. (Pen. Code, §1473, subd. (b).)

3. Claims by Wrongly Convicted and Imprisoned Persons

California law allows a factually innocent person – an “exonoree” – who has been wrongfully convicted of a felony and imprisoned to apply for compensation at a rate of $140 per day. (Pen. Code, § 4904.) If a claimant has first obtained a declaration of factual innocence from a court, this finding is binding on the Victim Compensation Board and the Attorney General (AG), who represents the state in wrongful conviction claims, and the board is required to recommend to the Legislature to make a payment to the claimant within 30 days of the claim. For claimants who have not obtained a declaration of factual innocence, the AG must respond to the claim within 60 days or request an extension of time, upon a showing of good cause. Upon receipt of the response from the AG, the board must set a time and place for the hearing and mail notice of the hearing to the claimant and the AG. The board is required to 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 all parties and the board. (Pen. Code, § 4902.)

In order to be successful on a claim of wrongful conviction, a person must show at the hearing, by a preponderance of the evidence, that (1) 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 (2) the pecuniary injury sustained by him or her through his or her erroneous conviction and imprisonment. (Pen. Code, § 4903.) At the hearing, the board considers all of the evidence presented and makes a determination as to whether the claimant has met the burden of proof required under Penal Code section 4903.

In 2013, SB 618 (Leno, Chapter 800, Statutes of 2013) required the board to recommend payment on a wrongful conviction claim, without a hearing, for persons who have been declared factually innocent by a court. Then in 2014, SB 1058 (Leno, Chapter 623, Statutes of 2014) defined false evidence, for purposes of a writ of habeas corpus, to include opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances. And in 2016, SB 1134 (Leno, Chapter 785, Statutes of 2016) changed the standard to be granted a habeas petition based on new evidence from “must point unerringly to innocence” to the lower “more likely than not, would have changed the trial outcome.”

While the process was somewhat streamlined by previous legislation, there are concerns that the claim process is still unduly long and that the members of the board may not be the best persons to make these determinations. According to information provided by the sponsor, these claims take anywhere from 2 to 5 years to litigate. Additionally, the new standard codified by SB 1134 was put into statute after the passage of SB 618, thus automatic compensation does not apply to persons whose cases were overturned under the newer standard.

This bill provides that if a state or federal court grants a writ of habeas corpus or if a state court grants a motion to vacate based on newly discovered evidence, as specified, or legal invalidity, and as a result of either or those actions the charges are dismissed or the person is acquitted of the charges on a retrial, the person shall be entitled to payment on his or her claim without a separate Victims Compensation Board hearing.

4. Amendments to be Adopted in Committee

Currently the bill states that a person who has been granted a writ of habeas corpus or a motion to vacate based on specified findings does not have to have a separate hearing on his or her claim before the Victims Compensation Board. One of the statutes that govern motions to vacate prior convictions include those whose convictions are deemed legally invalid because the defendant did not meaningfully understand or knowingly accept the actual or potential adverse immigration consequences of a guilty plea. (Pen. Code, § 1473.7, subd. (a)(1).) The amendment would only apply the provisions of this bill to subdivision (a)(2) of Penal Code section 1473.7 which is a motion to vacate based on newly discovered evidence of actual innocence.

The amendments also make technical and conforming changes.

5. Argument in Support

The California Public Defenders Association writes in support of this bill:

Under current law, California provides compensation for those wrongly convicted and imprisoned for crimes they did not commit. However, because of the complexity of the current compensation system, exonerated defendants, after suffering through decades of wrongful imprisonment, are forced to spend years after their release navigating an expensive and convoluted compensation process. As a result, such defendants remain uncompensated, often while living in abject poverty.

SB 1094 seeks to address this problem by streamlining the compensation process. SB 1094 removes unnecessary and duplicative litigation, thereby ensuring that the wrongfully convicted can focus on rebuilding their lives, rather than spending their limited resources litigating their compensation claim. Moreover, because SB 1094 streamlines the compensation procedures only for a narrow category of cases in which a conviction was reversed based on evidence not previously available to the finder of fact, it is a narrow, well-tailored approach that promises to improve our justice system.

6. Argument in Opposition

The California District Attorneys Association writes in opposition to this bill:

Under PC 4900(b), if a court grants a PC 1473.6 or PC 1473.7 motion, and the person is retried and acquitted, the California Victim’s Compensation Board “shall…recommend to the Legislature that an appropriation be made and the claim paid.” So, even if the local district attorney believed there was sufficient evidence to prove the case and justify the retrial, a person would be able to recover if they were acquitted. We believe there are significant cost concerns associated with opening the door to victim compensation for individuals who were acquitted of criminal charges, regardless of whether they were actually innocent.

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