Bill Text: CA SB635 | 2015-2016 | Regular Session | Amended

California Senate Bill 635 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Erroneous conviction and imprisonment: compensation.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-10-01 - Chaptered by Secretary of State. Chapter 422, Statutes of 2015. [SB635 Detail]

Download: California-2015-SB635-Amended.html

BILL NUMBER: SB 635	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2015
	AMENDED IN SENATE  APRIL 29, 2015

INTRODUCED BY   Senators Nielsen and Leno
    (   Principal coauthor:   Assembly Member
  Bonta   ) 
   (Coauthors: Senators Anderson, Monning, and Stone)

                        FEBRUARY 27, 2015

   An act to amend Section 4904 of the Penal Code, relating to
erroneously convicted and imprisoned persons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 635, as amended, Nielsen. Erroneous conviction and
imprisonment: compensation.
   Existing law provides that a person who (1) has been convicted of
a felony and imprisoned in the state prison or incarcerated in a
county jail for that conviction, (2) is granted a pardon by the
Governor for specified reasons, and (3) has served the term or any
part thereof for which he or she was imprisoned, may present a claim
against the state to the California Victim Compensation and
Government Claims Board for the pecuniary injury sustained by him or
her through the erroneous conviction and imprisonment, as specified.
Existing law provides an opportunity for the Attorney General to
respond to a claim, and for a hearing on the claim, as specified.
Existing law provides that if the evidence shows that the crime with
which the claimant was charged was either not committed at all, or,
if committed, was not committed by the claimant, and that the
claimant has sustained pecuniary injury through his or her erroneous
conviction and imprisonment, the California Victim Compensation and
Government Claims Board shall report the facts of the case and its
conclusions to the Legislature, with a recommendation that an
appropriation be made by the Legislature for the purpose of
indemnifying the claimant for the pecuniary injury. Existing law
provides that the amount of the recommended appropriation shall be a
sum equivalent to $100 per day of incarceration served after the
claimant was convicted.
   This bill would expand the scope of a compensable injury to
include nonpecuniary injuries. The bill would increase the amount of
the recommended appropriation to $140 per day of incarceration served
after the claimant was convicted, as specified. This bill would make
other technical, nonsubstantive changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4904 of the Penal Code is amended to read:
   4904.  If the evidence shows that the crime with which the
claimant was charged was either not committed at all, or, if
committed, was not committed by the claimant, and that the claimant
has sustained injury through his or her erroneous conviction and
imprisonment, the California Victim Compensation and Government
Claims Board shall report the facts of the case and its conclusions
to the next Legislature, with a recommendation that  an
appropriation be made by  the Legislature make an
appropriation  for the purpose of indemnifying the claimant for
the injury. The amount of the appropriation recommended shall be a
sum equivalent to one hundred forty dollars ($140) per day of
incarceration served, and shall include any time spent in custody,
including in  a  county jail, that is considered to be part
of the term of incarceration. That appropriation shall not be treated
as gross income to the recipient under the Revenue and Taxation
Code.