BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 672 Hearing Date: 7/7/2015
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|Author: |Jones-Sawyer |
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|Version: |6/1/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Inmates: wrongful convictions: assistance upon
release
DIGEST: This bill requires the Department of Motor Vehicles
(DMV) to issue a free driver's license or identification card to
an individual who was wrongfully convicted and has been released
from state prison or county jail within the past six months.
ANALYSIS:
Existing state law:
1)Authorizes DMV to charge a $26 application fee when issuing an
identification card.
2)Requires DMV to issue a free identification card to an
applicant 62 years of age or older.
3)Requires DMV to charge a reduced application fee of $6 to an
individual with a current income level meeting the eligibility
requirements for certain public assistance programs.
4)Requires DMV, effective January 1, 2016, to issue a free
original or replacement identification card to an individual
who can verify his or her status as homeless.
5)Requires the state Department of Corrections and
Rehabilitation (CDCR) and DMV, effective January 1, 2015, to
ensure that all eligible inmates released from state prisons
AB 672 (Jones-Sawyer) Page 2 of ?
have valid identification cards.
6)Authorizes DMV to charge a $33 application fee when issuing a
driver's license to an eligible applicant.
This bill:
1)Requires CDCR to assist an individual who was wrongfully
convicted and has been released with transitional services,
including housing assistance, job training, and mental health
services, for a minimum of six months and a maximum of one
year after the date of release.
2)Prohibits DMV from charging a fee for an original, renewal, or
replacement driver's license or identification card issued to
any person who was wrongfully convicted and released from
state prison or county jail within the prior six months.
COMMENTS:
Purpose. The author states that with the technological
developments of DNA evidence and a growing number of Innocence
Projects throughout the country, persons wrongfully convicted of
crimes are receiving a second chance at life. According to the
Los Angeles Times, a total of 1,493 wrongfully convicted inmates
have been set free since the first DNA tests in 1989. However,
after decades in prison, these individuals are sometimes
released back into the community without any compensation or
re-entry services. For example, in 2011, Obie Anthony, after
being wrongfully convicted, was released from detention after
spending 17 years in prison, with just the clothes on his back
and a few dollars in his pocket. By contrast, parolees often
receive assistance with various necessities such as food and
clothing vouchers, benefits, job training, and housing
placements. This bill will help ensure that wrongfully
convicted individuals such as Obie Anthony receive transitional
assistance back into the community.
How will DMV know who's been exonerated? The author states that
he is working with DMV and CDCR to determine how the bill will
be implemented, such as addressing how DMV will verify that an
individual is in fact someone who has been released after being
wrongfully convicted.
How many individuals might this bill impact? California
AB 672 (Jones-Sawyer) Page 3 of ?
Attorneys for Criminal Justice, the sponsor of this bill, notes
that according to the University of Michigan's National Registry
of Exonerations, 24 persons have been exonerated in California
since 1989.
Double referred. This bill has also been referred to the
Committee on Public Safety, which will focus on the CDCR portion
of the bill. This committee will focus on the DMV portion of
the bill.
Related Legislation:
AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) - among
other provisions, requires DMV to issue, without a fee, an
original or replacement identification card to any individual
who can verify his or her status as homeless.
AB 2308 (Stone, Chapter 607, Statutes of 2014) - requires CDCR
to ensure that all inmates released from state prisons have
valid identification cards.
Assembly Votes:
Floor: 79-0
Appr: 12-0
Trans: 7-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
July 1, 2015.)
SUPPORT:
California Attorneys for Criminal Justice (sponsor)
California Catholic Conference of Bishops
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
OPPOSITION:
None received
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