BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 672| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 672 Author: Jones-Sawyer (D) Amended: 9/1/15 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/7/15 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/14/15 AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 79-0, 6/3/15 - See last page for vote SUBJECT: Inmates: wrongful convictions: assistance upon release SOURCE: California Attorneys for Criminal Justice 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 law: 1)Authorizes DMV to charge a $26 application fee when issuing an AB 672 Page 2 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 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 AB 672 Page 3 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 is continuing to work 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 Attorneys for Criminal Justice, the source 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. Amendments. This bill was amended in the Senate Appropriations Committee to name this bill as "Obie's Law," clarify the definition of "exonerated," and make other technical and conforming changes. Related/Prior 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, this bill is likely to incur: AB 672 Page 4 Potentially significant costs to CDCR of $180,000 to $360,000 (General Fund) annually to provide transitional services for six months to one year for eligible persons. This estimate reflects the cost to provide services for six months to one year for 10 persons per year. Ongoing potential minor loss of fee revenue (Special Fund*) to DMV due to the prohibition on charging initial, renewal, or replacement fees on driver's licenses or identification cards issued to any person wrongfully convicted and released from state prison or county jail within the previous six months. One-time minor costs of $15,000 (Special Fund*) for DMV to reprogram its automation system to enable a waiver of fees for the specified population. *Motor Vehicle Account SUPPORT: (Verified8/31/15) California Attorneys for Criminal Justice (source) California Association of Code Enforcement Officers California Catholic Conference of Bishops California College and University Police Chiefs Association California Narcotic Officers Association Legal Services for Prisoners with Children Los Angeles Police Protective League National Association of Social Workers, California Chapter Riverside Sheriffs Association OPPOSITION: (Verified8/31/15) None received ASSEMBLY FLOOR: 79-0, 6/3/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, AB 672 Page 5 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, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Thurmond Prepared by:Erin Riches / T. & H. / (916) 651-4121 9/1/15 20:20:23 **** END ****