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CA SB1094

Bill

Status

Engrossed

5/31/2018

Primary Sponsor

Joel Anderson

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Expands eligibility for compensation claims for wrongful convictions to include cases where a state or federal court grants a writ of habeas corpus and reverses a conviction, or a state court vacates a conviction, resulting in dismissal or acquittal on retrial.

  • Requires the California Victim Compensation Board to recommend compensation without a hearing when certain conditions are met, including court findings of factual innocence by a preponderance of the evidence.

  • Sets the deadline for presenting wrongful conviction compensation claims as 2 years after whichever occurs later: judgment of acquittal, dismissal of charges, pardon granted, or release from custody.

  • Establishes that court findings and stipulations regarding factual innocence and government official misconduct are binding on the Attorney General, factfinder, and Victim Compensation Board, except in cases requiring legislative appropriation recommendations.

  • Sets compensation at $140 per day of incarceration served, including time in county jail, and exempts this amount from gross income taxation.

Legislative Description

Wrongful convictions.

Last Action

August 16 hearing: Held in committee and under submission.

8/16/2018

Committee Referrals

Appropriations6/26/2018
Public Safety6/7/2018
Appropriations4/25/2018
Public Safety2/22/2018
Rules2/13/2018

Full Bill Text

No bill text available