SB 1094: 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 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.