UNFINISHED BUSINESS  

Bill No: SB 269

Author: Bradford (D) and Glazer (D), et al.

Amended: 9/3/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/2/19

AYES: Skinner, Moorlach, Bradford, Jackson, Morrell, Wiener

NO VOTE RECORDED: Mitchell

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SENATE FLOOR: 38-0, 5/28/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 79-0, 9/9/19 - See last page for vote

SUBJECT: Wrongful convictions

SOURCE: California Innocence Project

DIGEST:

This bill extends the statute of limitations for when a wrongfully convicted individual can file a claim with the California Victim Compensation Board from two years to ten years after exoneration or release.

Assembly Amendments

(1) delete the provisions related to reimbursement for time an exonerated person was on supervised release or the sex offender registry; (2) delete the bill’s provisions related to receiving compensation without a hearing for specified cases; and (3) amend the statute of limitations for filing a wrongful conviction claim from two years to ten years after exoneration or release.

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 no longer unlawfully imprisoned or restrained to prosecute 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, subd. (a).)
3. Authorizes a person who is no longer in criminal custody to file a motion to vacate a conviction or sentence when newly discovered evidence of actual innocence exists 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. States that whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. (Pen. Code, § 851.86.)
5. 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. (Id.)
6. 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.)
7. 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).)
8. 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).)
9. 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).)
10. 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.)
11. 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.)
12. 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.)
13. 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. Extends the statute of limitations for individuals filing a wrongful conviction claim with the California Victim Compensation Board from within two years after acquittal, pardon granted, or release from custody to within ten years of acquittal, pardon, dismissal of charges, or release from custody, whichever is later.
2. Makes other conforming and technical changes.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, costs (General Fund) in the hundreds of thousands of dollars to low millions of dollars annually to the state depending on the number of claims. Since 2014, there have been 29 exonerees eligible for reimbursement. Costs to the GF for reimbursement exceeded $7 million dollars since 2014. This bill extends the statute of limitations an additional eight years for which an exoneree may bring a claim. If this results in five new claims annually at an average cost of $75,000 per claim, the cost to the GF would be $375,000.

SUPPORT: (Verified 9/9/19)

California Innocence Project (source)

American Civil Liberties Union of California

California Catholic Conference

California Public Defenders Association

Californians for Safety and Justice

Drug Policy Alliance

San Francisco Public Defender’s Office

OPPOSITION: (Verified 9/19/19)

None received

ASSEMBLY FLOOR: 79-0, 9/9/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

Prepared by: Stella Choe / PUB. S. /

9/9/19 22:48:19

**** END ****

SENATE THIRD READING

STR Bill Id:SB 269

Author:(Bradford and Glazer)

As Amended Ver:September 3, 2019

Majority vote

SUMMARY:

Extends the statute of limitations for when a wrongfully convicted individual can file a claim with the California Victim Compensation Board (CVCB) from two years to ten years after exoneration or release.

Major Provisions

Extends the statute of limitations for individuals filing a wrongful conviction claim to the CVCB from within two years to within ten years of acquittal, pardon, dismissal of charges, or release from custody, whichever is later.

COMMENTS:

According to the Author:

"SB 269 would extend the deadline to seek compensation for individuals who were wrongfully convicted. Under current law, an individual must petition the California Victim Compensation Board within two years of their release to receive compensation. This claims process takes years to complete and involves lengthy litigation after they have already been found innocent by the courts. This bill extends the deadline an individual has to file a compensation claim to ten years.”

"In addition, this bill provides an additional $70 per day the individual wrongfully spent on parole, under state supervision, or on the sex offender registry. Many of these individuals had to spend years in prison despite never committing a crime, and many spend additional time dealing with the stigma associated with their wrongful conviction. Nothing can make up for the time and freedom these individuals have lost, but this bill takes a step toward providing justice for those who have been wrongfully convicted."

Arguments in Support:

According to the California Innocence Coalition, "SB 269 [will] provide wrongfully convicted inmates a more efficient and just process for obtaining compensation to help them successfully move forward in society upon their exoneration.

"Under current law, even after a judge has determined that the evidence in their habeas case was so powerful that the conviction would likely never have occurred had the evidence been available at trial, that wrongfully convicted person has a huge uphill battle to get compensated for their years of wrongful incarceration. In fact, they must litigate their case all over again before the court or Victim’s Compensation Board. This process takes on average 2 ½ years from the time someone is exonerated to the time the board makes a decision to compensate or not, and in some cases longer.

"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. This places our most vulnerable population, those already victimized by the system, in the position of risking further victimization as they go back through the system again, this time with even less protections and an unfair burden.

"SB 269 eliminates the 2 year statute of limitations for persons whose convictions have been reversed to apply for compensation. Also, SB 269 provides compensation to the wrongfully convicted for their years spent on parole, supervised release, or the sex offender registry as a result of their conviction. These men and women not only had to survive incarceration, but had to survive years under the worst stigmas in society all because of their wrongful conviction.

"With the changes reflected in the bill, individuals whose convictions likely would have never occurred—who are seeking to move forward and rebuild their lives—will not have to spend additional years litigating why they should receive compensation during the most critical time when they need it the most."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, costs (General Fund) in the hundreds of thousands of dollars to low millions of dollars annually to the state depending on the number of claims. Since 2014, there have been 29 exonerees eligible for reimbursement. Costs to the GF for reimbursement exceeded $7 million dollars since 2014. This bill extends the statute of limitations an additional eight years for which an exoneree may bring a claim. If this results in five new claims annually at an average cost of $75,000 per claim, the cost to the GF would be $375,000.

VOTES:

SENATE FLOOR: 38-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager-Dove, Quirk, Santiago, Wicks

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: September 3, 2019

CONSULTANT: Lorraine Black/ Sandy Uribe (Counsel) / PUB. S. / (916) 319-3744 FN: 0001657

Date of Hearing: August 14, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 269

Author:(Bradford) – As Amended Ver:July 10, 2019

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

SUMMARY:

This bill extends the statute of limitations for filing a wrongful conviction claim with the California Victim Compensation Board (Cal VCB) from within two years of acquittal, pardon, dismissal of charges or release from custody to within 10 years. This bill also requires Cal VCB recommend an additional appropriation of $70 per day the individual suffered additional restrictions other than the period of incarceration, including time spent on parole, supervised release, or if required to register as a sex offender.

FISCAL EFFECT:

1. Costs (GF) in the hundreds of thousands of dollars to low millions of dollars annually to the state depending on the number of claims. Since 2014, there have been 29 exonerees eligible for reimbursement. Costs to the GF for reimbursement exceeded $7 million dollars since 2014. This bill extends the statute of limitations an additional eight years for which an exoneree may bring a claim. If this results in five new claims annually at an average cost of $75,000 per claim, the cost to the GF would be $375,000. Costs may be greater depending on the number of claims and the amount of time an exoneree spent in prison. Exonerees are compensated at a rate of $140 for every day spent in custody because of a wrongful conviction.
2. Costs (GF) in the hundreds of thousands of dollars annually to the state for the additional $70 per day an exoneree spent on parole, supervised release or was required to register as a sex offender. If 20 exonerees seek compensation for an average of three years of parole, probation, or on the sex offender registry ($70 x 365 days = $25550 x 3 = $76,650 x 20 exonerees), the total amount of compensation would be $1.5 million dollars in costs to the GF.

COMMENTS:

1. Purpose. According to the author:

SB 269 would extend the deadline to seek compensation for individuals who were wrongfully convicted. In addition, this bill provides an additional $70 per day the individual wrongfully spent on parole, under state supervision, or on the sex offender registry. Many of these individuals had to spend years in prison despite never committing a crime, and many spend additional time dealing with the stigma associated with their wrongful conviction.

1. Background. Existing law requires the state to pay exonerated individuals $140 for each day spent incarcerated. A wrongfully convicted individual can file a claim with Cal VCB within two years of acquittal, pardon or release from custody. If a person is found to be factually innocent by a court, Cal VCB is required to issue payment without a hearing. If a court does not find factual innocence, a person may still receive compensation if the person proves they did not commit the crime. Current law does not provide compensation for time after release, where wrongfully convicted individuals may endure additional restrictions like parole or registration as a sex offender.
2. Related Legislation. AB 702 (Weber) would have required CVCB to reimburse exonerees for mental health counseling. AB 702 was held on this committee’s Suspense File.
3. Prior Legislation. SB 1094 (Anderson), of the 2017-2018 Legislative Session, would have required the Cal VCB, 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. SB 1094 was held on this committee’s Suspense File.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: July 9, 2019

Consultant: Lorraine Black

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 269

Author:(Bradford) – As Amended Ver:July 1, 2019

As Proposed to be Amended in Committee

SUMMARY: Extends the statute of limitations for when a wrongfully convicted individual can file a claim with the California Victim Compensation Board (CVCB) from two years to ten years after exoneration or release. Specifically, this bill:

1. Extends the statute of limitations for individuals filing a wrongful conviction claim to the CVCB from within two years to within ten years of acquittal, pardon, dismissal of charges, or release from custody.
2. Requires that CVCB recommend an additional appropriation of $70 per day that the individual suffered additional restrictions past the period of incarceration (i.e. parole, supervised release, or registration as a sex offender).

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. Requires that when a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. (Pen. Code, § 851.86.)
3. Requires the court to inform wrongfully convicted individuals of the availability of indemnity for persons erroneously convicted and the time limitations for presenting those claims. (Pen. Code, § 851.86.)
4. Requires that CVCB recommend to the Legislature that an appropriation be made for a claimant that has secured a declaration of factual innocence. (Pen. Code § 851.865.)
5. Allows an individual no longer unlawfully imprisoned or restrained to prosecute 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, subd. (a).)
6. Allows an individual who is no longer in criminal custody to file a motion to vacate a conviction or sentence if newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. (Cal. Pen. Code, § 1473.7, subd. (a)(2).)
7. States 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 CVCB. (Pen. Code, § 1485.5, subd. (a).)
8. 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 CVCB. (Pen. Code, § 1485.5, subd. (c).)
9. States that, in a contested proceeding, if the court has granted a writ of habeas corpus or vacated a judgement, and if the court has found that the person is factually innocent, that the finding shall be binding on CVCB for a claim presented to CVCB, and upon application by the person, CVCB shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid. (Pen. Code, § 1485.55, subd. (a).)
10. States that, if the court has granted a writ of habeas corpus or vacated a judgement, and if the court finds that the individual has proven their factual innocence by a preponderance of the evidence, CVCB shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid. (Pen. Code, § 1485.55, subd. (d).)
11. 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 CVCB for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. (Pen. Code, § 4900.)
12. Allows erroneously convicted and pardoned individuals two years after acquittal, pardon or release of custody to file a claim against the state; an individual may not file a claim until 60 days have passed since the date of reversal of conviction or granting of the writ. (Pen. Code, § 4901.)
13. Requires that CVCB calculate compensation and recommend to the Legislature payment of the sum within 30 days of the presentation of a claim if the claimant 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 claimant is factually innocent. (Pen. Code, § 4902, subd. (a).)
14. Requires appropriation for wrongfully convicted claimants that is sum equivalent to $140 per day of incarceration, which comprises any time spent in custody (including county jail), and specifies that this appropriation shall not be considered gross income for state tax purposes. (Pen. Code, § 4904.)
15. Defines “newly discovered evidence” as evidence that could not have been discovered with reasonable diligence prior to judgment. (Pen. Code, § 1473.6, subd. (b).)

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, "SB 269 would extend the deadline to seek compensation for individuals who were wrongfully convicted. Under current law, an individual must petition the California Victim Compensation Board within two years of their release to receive compensation. This claims process takes years to complete and involves lengthy litigation after they have already been found innocent by the courts. This bill extends the deadline an individual has to file a compensation claim to ten years.”

“In addition, this bill provides an additional $70 per day the individual wrongfully spent on parole, under state supervision, or on the sex offender registry. Many of these individuals had to spend years in prison despite never committing a crime, and many spend additional time dealing with the stigma associated with their wrongful conviction. Nothing can make up for the time and freedom these individuals have lost, but this bill takes a step toward providing justice for those who have been wrongfully convicted.”

1. Post-Conviction Relief and Compensation for Exonorees: Current law provides that a wrongfully convicted individual can file a claim with CVCB within two years of acquittal, pardon, or release from custody. This bill extends the statute of limitations for when a wrongfully convicted or incarcerated individual can file a claim with CVCB to within ten years of acquittal, pardon, dismissal of charges, or release from custody. It can take years for a wrongfully incarcerated individual to complete the compensation process. (National Registry of Exonerations, Compensation for Exonerees: A Primer, available at: https://www.law.umich.edu/special/exoneration/Pages/Compensation.aspx). An individual filing a claim must prove their innocence to CVCB, which may necessitate legal assistance or representation. A longer statute of limitations will allow more wrongfully incarcerated individuals to file claims for compensation with CVCB.

Current law also provides that, in the event CVCB finds an individual was wrongfully incarcerated, CVCB must recommend that the Legislature make an appropriation to pay the individual at the rate of $140 for each day of incarceration. This bill will require that CVCB recommend an additional $70 be paid for each day an individual spends under restrictions after incarceration. Current law does not provide compensation for time after release, where wrongfully convicted individuals may endure additional restrictions like parole or registration as a sex offender. This additional compensation ensures wrongfully convicted individuals are recognized for any restrictions imposed upon them after release.

1. Argument in Support: According to the California Innocence Coalition, “SB 269 [will] provide wrongfully convicted inmates a more efficient and just process for obtaining compensation to help them successfully move forward in society upon their exoneration.

“Under current law, even after a judge has determined that the evidence in their habeas case was so powerful that the conviction would likely never have occurred had the evidence been available at trial, that wrongfully convicted person has a huge uphill battle to get compensated for their years of wrongful incarceration. In fact, they must litigate their case all over again before the court or Victim’s Compensation Board. This process takes on average 2 ½ years from the time someone is exonerated to the time the board makes a decision to compensate or not, and in some cases longer.

“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. This places our most vulnerable population, those already victimized by the system, in the position of risking further victimization as they go back through the system again, this time with even less protections and an unfair burden.

“SB 269 eliminates the 2 year statute of limitations for persons whose convictions have been reversed to apply for compensation. Also, SB 269 provides compensation to the wrongfully convicted for their years spent on parole, supervised release, or the sex offender registry as a result of their conviction. These men and women not only had to survive incarceration, but had to survive years under the worst stigmas in society all because of their wrongful conviction.

“With the changes reflected in the bill, individuals whose convictions likely would have never occurred—who are seeking to move forward and rebuild their lives—will not have to spend additional years litigating why they should receive compensation during the most critical time when they need it the most.”

1. Related Legislation: AB 702 (Weber) would require CVCB to reimburse exonerees for mental health counseling. AB 702 was held on the Assembly Appropriations Suspense File.
2. Prior Legislation:

• 1. SB 1094 (Anderson), of the 2017-2018 Legislative Session, was a substantially similar bill. SB 1094 was held in the Assembly Appropriations Committee.

• 1. SB 1232 (Bradford), Chapter 983, Statutes of 2018, extends the time limit for a minor victim to file a claim for compensation to CVCB to three years after the victim turns 21.

• 1. AB 1987 (Lackey), Chapter 482, Statutes of 2018, expanded availability of post-conviction motions for discovery materials to cases where defendants were convicted of serious or violent felonies and sentenced to 15 years or more.

• 1. AB 2867 (Gonzalez Fletcher), Chapter 825, Statutes of 2018, clarified timing and procedural requirements for motions for post-conviction relief based on newly discovered evidence of actual innocence.
     
  2. 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 CVCB in wrongful conviction cases. SB 321 was held in Senate Appropriations Committee.
     
  3. SB 694 (Leno), of the 2015–2016 Legislative Session, was a substantially similar to this bill. 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 CVCB from six months to two years, allowed a finding of factual innocence to be used as proof in a claim before CVCB, and extended the statute of limitations for legal malpractice in specified situations.
     

REGISTERED SUPPORT / OPPOSITION:

Support

California Innocence Coalition (Sponsor)

American Civil Liberties Union of California

California Attorneys for Criminal Justice

California Catholic Conference

California Civil Liberties Advocacy

California Public Defenders Association

Drug Policy Alliance

Ella Baker Center for Human Rights

Exonerated Nation

San Francisco Public Defender's Office

Opposition

None

Analysis Prepared by: Lorraine Black / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 269

Author: Bradford (D) and Glazer (D), et al.

Introduced: 5/21/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/2/19

AYES: Skinner, Moorlach, Bradford, Jackson, Morrell, Wiener

NO VOTE RECORDED: Mitchell

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SUBJECT: Wrongful convictions

SOURCE: California Innocence Project

DIGEST:

This bill requires 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.

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 no longer unlawfully imprisoned or restrained to prosecute 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, subd. (a).)
3. Authorizes a person who is no longer in criminal custody to file a motion to vacate a conviction or sentence when newly discovered evidence of actual innocence exists 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. States that whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. (Pen. Code, § 851.86.)
5. 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. (Id.)
6. 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.)
7. 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).)
8. 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).)
9. 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).)
10. 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.)
11. 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.)
12. 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.)
13. 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. Requires the California Victim Compensation Board to, without a hearing, recommend the Legislature to make payment of a claim by a person who has been granted a writ of habeas corpus and reversed the conviction or a motion to vacate based on newly discovered evidence that either shows actual innocence or is substantially probative on the issue of guilt or punishment and the person was acquitted of the charges on a retrial.
2. Specifies that the automatic recommendation of payment does not apply to the following:
   1. A writ of habeas corpus granted on the grounds of any of the following:
      1. The court failed to provide a jury instruction or provided an incorrect jury instruction;
      2. The defendant was suitable for parole;
      3. Prison conditions were unfavorable;
      4. The court find there was a violation of the Fourth Amendment of the United States Constitution; or,
      5. The court found that a juror was improperly removed, or a juror was properly removed for misconduct.
   2. A person whose conviction for felony murder was vacated pursuant to the provisions of Senate Bill 1437 (Skinner, Chapter 1015, Statutes of 2018).
   3. A person whose conviction was vacated because the conviction or sentence was legally invalid due to prejudicial error damaging the person’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere.
   4. A reversal from a direct appeal.
3. Specifies that the two-year deadline applies after judgment of acquittal, pardon granted, or release from custody, whichever is later.
4. 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.
5. Authorizes compensation at a rate of $70 a day for any time the claimant, who after serving a term of imprisonment for which the claimant is eligible for compensation for wrongful conviction, was either on parole or supervised release or required to register as a sex offender.
6. Makes other conforming changes.

Background

According to the author:

Under current law, in order to receive compensation an exonerated person must prove either to a court or to the California Victim’s Compensation Board that a crime was not committed or that they were not the perpetrator of the crime. The claims process typically takes over two years to complete and involves lengthy litigation.

SB 269 would make compensation required for cases in which convictions were reversed through a habeas corpus petition or motion to vacate and the charges are dismissed or the individual is acquitted on retrial. A habeas petition or motion to vacate specified under this bill are only granted when a court makes a determination that there is new evidence that the original jury did not hear and had the jury heard that evidence it is probable or likely that the person would not have been convicted for the crime for which they spent years incarcerated. The bill also provides additional compensation of $70 per day for the time an exonerated person spent on parole, supervised release, or required to register as a sex offender as a result of their wrongful conviction. SB 269 also removes the two-year deadline an individual has to file a claim for compensation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown, potentially-major costs, ranging from the hundreds of thousands of dollars to the low millions of dollars, to pay claims that otherwise would have been denied by the California Victim Compensation Board or would not have included compensation for post-release restrictions. (General Fund)
• Unknown savings to the California 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 5/16/19)

California Innocence Project (source)

American Civil Liberties Union of California

California Catholic Conference

California Public Defenders Association

Drug Policy Alliance

San Francisco Public Defender’s Office

OPPOSITION: (Verified 5/16/19)

None received

Prepared by: Stella Choe / PUB. S. /

5/21/19 17:49:39

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 269 (Bradford) - Wrongful convictions

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2019

Bill Summary:

SB 269 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, as specified.

Fiscal Impact:

• Unknown, potentially-major costs, ranging from the hundreds of thousands of dollars to the low millions of dollars, to pay claims that otherwise would have been denied by VCB or would not have included compensation for post-release restrictions. (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

Author Amendments:

Exclude from the automatic recommendation of payment claims involving (1) habeas corpus writs that were granted on specified grounds (e.g., an incorrect jury instruction), (2) convictions that were vacated pursuant to (a) felony murder provisions or (b) prejudicial error that damaged the person’s ability to meaningfully understand, defend against, or knowingly accept adverse immigration consequences, or (3) a reversal from a direct appeal.

Committee Amendments:

Strike the automatic recommendation of payment for cases in which a person was granted a habeas corpus writ and the charges were dismissed subsequently.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 269 (Bradford) - Wrongful convictions

Bill Summary:

SB 269 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, as specified.

Fiscal Impact:

• Unknown, potentially-major costs, ranging from the hundreds of thousands of dollars to the low millions of dollars, to pay claims that otherwise would have been denied by VCB or would not have included compensation for post-release restrictions. (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 person who has been wrongfully convicted of a felony and imprisoned to file a claim for compensation at a rate of $140 per day of imprisonment. (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, the claimant 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.

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, for a felony conviction and the charges were dismissed subsequently or the person was acquitted of the charges on a retrial.
• Require VCB to recommend additional compensation of $70 per day during which time a person who, after serving a sentence in a California prison for which the person is entitled to the compensation noted above, was released either on parole or supervised release or was required to register pursuant to the Sex Offender Registration Act.
• Remove the deadline for a person to submit a compensation claim to VCB within two years after the judgment of acquittal, pardon grant, or release from custody.

Related Legislation:

SB 1094 (Anderson, 2018) was substantially similar to this bill. SB 1094 was held on the Suspense File of the Assembly Committee on Appropriations.

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 recommendation by VCB, without a hearing, to the Legislature of the payment 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 or motion to vacate a conviction, 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 or motion to vacate). 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 hundreds of thousands of dollars up to the millions of dollars in any given year. Take, for example, the claims of Messrs. Luis Galicia, Rafael Madrigal, Jr., Daniel Larsen, Deandre Howard, and Rodrigo Martinez that VCB denied over the span of the last few years, which would have been $106,800, $471,240, $694,820, $417,200, and $452,200 respectively. Under the provisions of SB 269, VCB would be required to recommend to the Legislature payment of these claims.

Additionally, this measure would eliminate the requirement that a person must file a compensation claim with the board within two years from an acquittal judgment, pardon grant, or release from custody, which likely would lead to additional General Fund costs in the hundreds of thousands of dollars to the millions of dollars. For example, according to VCB, the board rejected at least three claims within the past year solely due to their untimeliness. These three claims totaled $988,680 and would be require an automatic compensation payment recommendation if all other requirements of SB 269 are satisfied. This measure also provides for the automatic recommendation of payment for time a person was subject to parole, supervised release, or registration under the Sex Offender Registration Act. Of the compensation claims currently pending before the board, two claimants were subject to at least one of these post-release restrictions. Under the provisions of SB 269, the total amount of compensation for these periods of post-release restrictions (in addition to any compensation for time spent in custody) for these two individuals with pending claims totals $107,800.

By removing the board’s ability to hear and decide claims, 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 13 years for this case already, a retrial was not sought.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: SB 269 Hearing Date: April 2, 2019

Subject: Wrongful Convictions

HISTORY

Source: California Innocence Coalition

Prior Legislation: AB 1094 (Anderson), held in Assembly Appropriations, 2018

Support: California Public Defenders Association; San Francisco Public Defender’s Office

Opposition: None known

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 no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment for any of the following reasons:

• 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;
• 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,
• 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, subd. (a).)

Existing law authorizes a person who is no longer in criminal custody to file a motion to vacate a conviction or sentence when newly discovered evidence of actual innocence exists 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).)

Existing law states that whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. (Pen. Code, § 851.86.)

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. (Id.)

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).)

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.)

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 to, without a hearing, recommend payment of a claim by a person who has been granted a writ of habeas corpus and reversed the conviction or a motion to vacate based on newly discovered evidence that either shows actual innocence or is substantially probative on the issue of guilt or punishment and as a result of any of those actions the charges were subsequently dismissed or the person was acquitted of the charges on a retrial.

This bill specifies that the automatic recommendation of payment does not apply to a claim by a person whose conviction for felony murder was vacated pursuant to the provisions of Senate Bill 1437 (Skinner), Ch. 1015, Stats. 2018.

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

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 authorizes compensation at a rate of $70 a day for any time the claimant, who after serving a term of imprisonment for which the claimant is eligible for compensation for wrongful conviction, was either on parole or supervised release or required to register as a sex offender.

This bill makes other conforming changes.

COMMENTS

1. Need for This Bill

According to the author of this bill:

Under current law, in order to receive compensation an exonerated person must prove either to a court or to the California Victim’s Compensation Board that a crime was not committed or that they were not the perpetrator of the crime. The claims process typically takes over two years to complete and involves lengthy litigation.

SB 269 would make compensation required for cases in which convictions were reversed through a habeas corpus petition or motion to vacate and the charges are dismissed or the individual is acquitted on retrial. A habeas petition or motion to vacate specified under this bill are only granted when a court makes a determination that there is new evidence that the original jury did not hear and had the jury heard that evidence it is probable or likely that the person would not have been convicted for the crime for which they spent years incarcerated. The bill also provides additional compensation of $70 per day for the time an exonerated person spent on parole, supervised release, or required to register as a sex offender as a result of their wrongful conviction. SB 269 also removes the two-year deadline an individual has to file a claim for compensation.

1. 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).)

Other avenues of challenging a conviction include a motion to vacate the judgement 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 material and substantial in proving the defendant’s guilt. (See Pen. Code, §§ 1473.6 and 1473.7, subd. (a)(2).)

1. Compensation for the Wrongfully Convicted

California law allows a person who has been wrongfully convicted of a felony and imprisoned to file a claim for compensation at a rate of $140 per day of imprisonment. (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, the claimant 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.

According to information provided by the sponsor, claims where the claimant must make their case to the board take anywhere from 2 to 5 years to litigate. This bill would expand the types of claims that would not require a hearing before the board. 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, 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 board hearing.

Additionally, this bill allows compensation at a rate of $70 a day for any time the claimant, who after serving a term of imprisonment for which the claimant is eligible for compensation for wrongful conviction, was either on parole or supervised release or required to register as a sex offender.

This bill also clarifies the timeline to file wrongful conviction claims to specify that the two years is from the point of judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later.

1. Argument in Support

According to the California Innocence Project, the sponsor of this bill:

SB 269 is an effort to make compensation automatic for wrongfully convicted individuals whose convictions were overturned by a court based on 1) a writ of habeas corpus or a motion to vacate based on newly discovered evidence and, subsequently, 2) had their charges dismissed or were acquitted in a retrial.

The bill does not allow for automatic compensation for those who: 1) plead guilty after the reversal of their conviction, 2) had a motion to vacate their conviction granted due to the new felony-murder rule, 3) had a motion to vacate their conviction granted for failure to receive proper advisement of immigration consequences, 4) were serving a concurrent sentence for an additional valid conviction, or 5) had their convictions revered on direct appeal.

Furthermore SB 269 also provides compensation to the wrongfully convicted for their years spent on parole, supervised release, or the sex offender registry as a result of their conviction. These men and women not only had to survive incarceration, but had to survive years under the worst stigmas in society all because of their wrongful conviction.

The current compensation process is lengthy, expensive, and inconsistent. More importantly, the process underestimates the amount of evidence that was required to justify the reversal of our clients’ convictions and erodes the presumption of innocence. This is why compensation should be automatic for the narrow category of cases in which convictions are reversed and charges are dismissed or the jury acquits the person after a new trial. These people have proven they were wrongfully convicted and they are presumed innocent; they should be compensated automatically.

-- END –