Exoneration: compensation.
Summary
Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victim's Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served. Existing law, on and after July 1, 2024, if specified appropriations are made, additionally requires the amount recommended to include $70 per day served on parole or supervised release. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region. This bill, commencing on July 1, 2024, if specified conditions are met, would remove the requirement that the claimant be imprisoned in state prison or county jail to present a claim. The bill would remove the requirement that the claimant show they have sustained an injury through their erroneous conviction and imprisonment. The bill would, in certain circumstances, extend the deadline from 30 days to 90 days from the filing of a claim for the California Victim Compensation Board to calculate the compensation for the claimant and approve payment to the claimant. The bill would, if specified appropriations are made, additionally compensate the claimant for $70 per day that the claimant was on the Sex Offender Registry solely as a result of the erroneous conviction, and for reasonable attorney fees and costs incurred by or on behalf of the claimant in overturning the conviction, securing a pardon, or obtaining compensation under specified provisions. The bill would additionally, if specified appropriations are made, authorize a person who spent time on parole or supervised release prior to July 1, 2024, to bring a petition for compensation under these provisions until July 1, 2027.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
Governor
Introduced Feb 14, 2023
Last action Feb 1, 2024
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
13
Key actions
3
Committee
3
Amendments
1
May 18, 2023
Upper · Passed
May 18 hearing: Held in committee and under submission.
upper
Apr 11, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 659.) (April 11). Re-referred to Com. on APPR.
upper
Mar 29, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.
upper
Feb 22, 2023
Committee
Referred to Com. on PUB S.
upper
Feb 14, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Steve Bradford
DDemocratic
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