BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 165|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 165
          Author:   Gomez (D)
          Amended:  4/6/15 in Assembly
          Vote:     27 - Urgency

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/26/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  80-0, 4/20/15 - See last page for vote

           SUBJECT:   State claims


          SOURCE:    Author
          
          DIGEST:   This bill, an urgency measure, appropriates  
          $504,743.99 from specified funds to the California Victim  
          Compensation and Government Claims Board (board) for the payment  
          of 110 state claims.  This bill also appropriates $968,400 from  
          the General Fund to the board for the payment of three erroneous  
          conviction claims.


          ANALYSIS:    The State Board of Control was established in 1945.  
           It was revised and renamed the Victim Compensation and  
          Government Claims Board by AB 2491 (Jackson, Chapter 1016,  
          Statutes of 2000).  Government Code Section 13928 requires the  
          board to ensure that all claims that have been approved by the  
          board, and for which no legally available appropriation exists,  
          are submitted for legislative approval at least twice during  
          each calendar year.  In general, the board will approve claims  
          in November and February.  Those claims are reported to the  
          chairs of the Appropriations Committees who introduce bills  








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          appropriating General Funds and special funds to pay the claims.  
           These bills may appropriate funds in amounts to the penny for  
          tens to hundreds of claims.  Government Code Section 906  
          provides for the payment of interest on claims approved by the  
          board for which an appropriation has been made beginning 30 days  
          after the effective date of the law by which the appropriation  
          is enacted.

          The re-issuance of stale-dated warrants is the most prevalent  
          claim approved by the board.  For stale-dated warrants, the  
          State Controller must confirm that (1) the check was not cashed  
          and has not been issued and (2) more than three years have  
          elapsed since the check was issued and the monies have reverted  
          to the General Fund or to the relevant special fund.  For these  
          warrants an appropriation is needed to reissue the payment.   
          This category also may include state treasury bonds that have  
          not been redeemed within 10 years of their maturity date (there  
          are no such claims in this bill), but the majority of warrants  
          are payroll or tax refund checks.  

          In addition to stale-dated warrants, existing law authorizes a  
          person convicted and imprisoned for a felony to submit a claim  
          to the board for pecuniary injury sustained as a result of  
          erroneous conviction and imprisonment.  Recent changes to these  
          provisions, SB 618 (Leno, Chapter 800, Statutes of 2013),  
          specifies that a person who has secured a declaration of factual  
          innocence from the court after having his or her conviction set  
          aside is eligible payment in a claim against the state.  Upon  
          application by the petitioner, the board shall, without a  
          hearing, recommend to the Legislature an appropriation to cover  
          the claim.  Likewise, if the court finds the petitioner has  
          proven his or her innocence by a preponderance of the evidence,  
          or the court grants a writ of habeas corpus concerning a person  
          who is unlawfully imprisoned, or when the court vacates a  
          judgment for a person on the basis of new evidence concerning a  
          person who is no longer unlawfully imprisoned, and the court  
          finds the evidence points unerringly to innocence, the board  
          shall, upon application by the claimant, without a hearing,  
          recommend to the Legislature an appropriation to cover the  
          petitioner's claim.

          Otherwise, a claimant is required to introduce evidence in  
          support of his or her claim at a hearing before the board, and  
          the Attorney General may introduce evidence in opposition.  The  







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          claimant must prove, by a preponderance of the evidence:  (1)  
          the crime was not committed at all, or, if committed, was not  
          committed by the claimant; (2) the claimant did not contribute  
          to the arrest or conviction for the crime; and (3) the claimant  
          sustained pecuniary injury though the erroneous conviction and  
          imprisonment. 

          If a claimant meets the burden of proof, the board shall  
          recommend to the Legislature an appropriation of $100 per day of  
          incarceration served in a state prison subsequent to the  
          claimant's conviction.

          This bill appropriates $504,743.99 in various state funds,  
          including $227,308.96 from the General Fund, to the board for  
          the payment of 110 state claims for reissuance of stale-dated  
          warrants.  This bill also appropriates $968,400 to the board for  
          payment of three specified erroneous conviction claims.  AB 165  
          is an urgency measure.


          Background

          Erroneous Conviction Claims:
          
           Ronald Ross, binding finding of factual innocence, $229,300. 


            Mr. Ross was convicted of premeditated attempted murder and  
            assault with a firearm in 2006.  In February 2012, more than  
            five years after his conviction, Mr. Ross filed a habeas  
            corpus petition.  Based new testimony, the Alameda County  
            District Attorney's Office believed that false evidence was  
            used against Mr. Ross and supported the petition.  On February  
            20, 2013, the court granted the writ.  

           Susan Mellen, binding finding of factual innocence, $597,200.   



            In 1998, Ms. Mellen was convicted of first degree murder, and  
            the jury found true to special circumstances allegation that  
            she tortured the victim.  On September 18, 2014, Innocence  
            Matters filed a habeas corpus petition asserting Ms. Mellen  
            was factually innocent.  On October 10, 2014 the Los Angeles  







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            District Attorney's Office conceded the merits of the petition  
            and on November 21, 2014, the court granted the petition and  
            reversed the conviction.



           Brian Banks, binding finding of factual innocence, $142,200.  


            On January 22, 2003, sixteen-year-old old Brian Banks was  
            charged with forcible rape, forcible sodomy, and kidnapping.  
            On August 20, 2003, Mr. Banks pled no contest to the charge of  
            forcible rape and was sentenced to six years in prison.  In  
            2006, Mr. Banks filed a habeas corpus petition, but it was  
            denied based on vagueness, failure to state a claim, and  
            failure to raise issues on direct appeal.  On August 15, 2011,  
            Mr. Banks filed a habeas corpus petition and the court granted  
            the petition on May 24, 2012, reversing the rape conviction  
            and all charges were dismissed.   


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

          According to the Senate Appropriations Committee: 

          Stale-dated warrants.  General Fund appropriations in the amount  
          of $227,308.96 to pay 105 claims, and special fund  
          appropriations in the amount of $277,435.03 to pay five claims.   
          All of these claims are for reissuance of stale-dated warrants  
          (expired checks).  The individual claim amounts range from $16  
          to $274,117.66.                

          Erroneous Convictions:

          1)General Fund appropriation in the amount of $597,200 to pay  
            the claim of Susan Mellen, approved by the board on January  
            15, 2015.

          2)General Fund appropriation in the amount of $229,000 to pay  
            the claim of Ronald Ross, approved by the board on September  
            18, 2014.

          3)General Fund appropriation in the amount of $142,200 to pay  







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            the claim of Brian Banks, approved by the board on March 19,  
            2015.


          SUPPORT:   (Verified5/27/15)


          None received


          OPPOSITION:   (Verified5/27/15)


          None received

          ASSEMBLY FLOOR:  80-0, 4/20/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

          Prepared by:Mark McKenzie / APPR. / (916) 651-4101
          5/27/15 12:59:18


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