AB 672, as amended, Jones-Sawyer. Inmates: wrongful convictions: assistance upon release.
Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from the state prison have valid identification cards. Existing law establishes certain criteria to be met in order for an inmate to be considered “eligible” for these purposes.
This bill would require the Department of Corrections and Rehabilitation to assist a person who is exonerated as to a conviction for which he or she is serving a state prison sentence at the time of exoneration with transitional services, including housing assistance, job training, and mental health services, as applicable. The extent of the services would be determined by the department and would be provided for a period of not less than 6 months and not more than one year from the date of release.
Existing law requires the Department of Motor Vehicles to collect specified fees for the issuance, renewal, or replacement of a driver’s license or identification card.
This bill would exempt from payment of those fees a person who wasbegin delete exoneratedend deletebegin insert exonerated,end insert and was released from state prisonbegin delete or county jailend delete within the previous 6 months.begin insert The bill would also require the Department of Corrections and Rehabilitation to provide a form to any person who was exonerated, and would require that form to be presented to the Department of Motor Vehicles in order to qualify for the
exemption.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as
2Obie’s Law.
Section 3007.05 of the Penal Code is amended to read:
(a) The Department of Corrections and Rehabilitation
5and the Department of Motor Vehicles shall ensure that all eligible
6inmates released from state prisons have valid identification cards,
7issued pursuant to Article 5 (commencing with Section 13000) of
8Chapter 1 of Division 6 of the Vehicle Code.
9(b) For purposes of this section, “eligible inmate” means an
10inmate who meets all of the following requirements:
11(1) The inmate has previously held a California driver’s license
12or identification card.
13(2) The inmate has a usable photo on file with the Department
14of Motor
Vehicles that is not more than 10 years old.
15(3) The inmate has no outstanding fees due for a prior California
16identification card.
17(4) The inmate has provided, and the Department of Motor
18Vehicles has verified, all of the following information:
19(A) The inmate’s true full name.
20(B) The inmate’s date of birth.
21(C) The inmate’s social security number.
22(D) The inmate’s legal presence in the United States.
23(c) The Department of Corrections and Rehabilitation shall
24assist a person who
is exonerated as to a conviction for which he
25or she is serving a state prison sentence at the time of exoneration
P3 1with transitional services, including housing assistance, job
2training, and mental health services, as applicable. The extent of
3the services shall be determined by the department and shall be
4provided for a period of not less than six months and not more
5than one year from the date of release.
6(d) For the purposes of this section, “exonerated” means the
7person has been convicted and subsequently either of the following
8occurred:
9(1) A writ of habeas corpus concerning the person was granted
10on the basis that the evidence unerringly points to innocence, or
11the person’s conviction was reversed on appeal on the basis of
12insufficient evidence.
13(2) The person was given an absolute pardon by the governor
14on the basis that the person was innocent.
Section 14903 is added to the Vehicle Code, to read:
begin insert(a)end insertbegin insert end insert A fee shall not be charged for anbegin insert in personend insert original,
17renewal, or replacement driver’s license or identification card
18issued to any person who was exonerated,begin delete as defined in Section and was released frombegin insert
theend insert state prison
193007.05 of the Penal Code,end delete
20begin delete or county jailend delete within the previous six months.
21(b) The Department of Corrections and Rehabilitation shall
22provide a form to any person who was exonerated and released
23from the state prison within the previous six months. The form,
24along with a copy of a court order, if provided by the court, shall
25be taken by the individual to the Department of Motor Vehicles to
26qualify for the fee exemption in subdivision (a).
27(c) For the purposes of this section, “exonerated” shall have
28the same meaning as in Section 3007.05 of the Penal Code.
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