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	<ns0:Description>
		<ns0:Id>20250SB__049098AMD</ns0:Id>
		<ns0:VersionNum>98</ns0:VersionNum>
		<ns0:History>
			<ns0:Action>
				<ns0:ActionText>INTRODUCED</ns0:ActionText>
				<ns0:ActionDate>2025-02-19</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-03-26</ns0:ActionDate>
			</ns0:Action>
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		<ns0:LegislativeInfo>
			<ns0:SessionYear>2025</ns0:SessionYear>
			<ns0:SessionNum>0</ns0:SessionNum>
			<ns0:MeasureType>SB</ns0:MeasureType>
			<ns0:MeasureNum>490</ns0:MeasureNum>
			<ns0:MeasureState>AMD</ns0:MeasureState>
		</ns0:LegislativeInfo>
		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Umberg</ns0:AuthorText>
		<ns0:Authors>
			<ns0:Legislator>
				<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
				<ns0:House>SENATE</ns0:House>
				<ns0:Name>Umberg</ns0:Name>
			</ns0:Legislator>
		</ns0:Authors>
		<ns0:Title> An act to amend Sections 1485.55, 4902, 4903, and 4904 of the Penal Code, relating to victim compensation. </ns0:Title>
		<ns0:RelatingClause>victim compensation</ns0:RelatingClause>
		<ns0:GeneralSubject>
			<ns0:Subject>Victim compensation.</ns0:Subject>
		</ns0:GeneralSubject>
		<ns0:DigestText>
			<html:p>Existing law allows a person who is factually innocent and was convicted of a crime, in specified circumstances, to present a claim to the California Victim Compensation Board or move the court for a finding that they are entitled to approval of a claim for compensation for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law allows the district attorney or Attorney General to object to this claim and attempt to prove, by clear and convincing evidence, that the person committed the acts constituting the offense. Existing law prohibits the district attorney or Attorney General from relying on specified facts to prove that objection, including, among other things, the fact the state still maintains the claimant is guilty of the crime for which they were wrongfully convicted. Existing law also prohibits the district attorney
			 or Attorney General from relying solely on the trial record to establish that the petitioner is not entitled to compensation.</html:p>
			<html:p>This bill would remove that prohibition and instead authorize the district attorney or Attorney General to rely solely on the trial record if they conclude, in good faith, that the trial record demonstrates guilt by clear and convincing evidence even after consideration of any exculpatory evidence presented by the claimant.</html:p>
			<html:p>Existing law requires the court to grant a motion for a
			 finding that the person is entitled to approval of a claim for compensation unless the district attorney objects within 15 days. Existing law requires the California Victim Compensation Board to approve payment to the claimant unless the Attorney General objects within 45 days. Existing law authorizes the district attorney and the Attorney General to request a single extension of those time periods upon a showing of good cause.</html:p>
			<html:p>This bill would extend the time period for the district attorney to object to 45 days and authorize the district attorney, upon a separate showing of good cause, to request a single, subsequent 15-day extension of time to make their
			 objection. The bill would also authorize the Attorney General, upon a separate showing of good cause, to request a single, subsequent 45-day extension of time to make their objection.</html:p>
			<html:p>The bill would additionally prohibit compensation for an erroneous conviction from being paid to a person serving a sentence for a serious or violent felony. The bill would also require that if a claimant has an outstanding restitution order, that order be paid from the claimant’s compensation before the claimant is paid.</html:p>
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			<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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	<ns0:Bill id="bill">
		<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
		<ns0:BillSection id="id_D8B05E3F-A390-4461-AEB4-310CA479FF26">
			<ns0:Num>SECTION 1.</ns0:Num>
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				Section 1485.55 of the 
				<ns0:DocName>Penal Code</ns0:DocName>
				 is amended to read:
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				<ns0:LawSection id="id_1CFAF8A6-6EAF-4120-8E6E-00725BA184BA">
					<ns0:Num>1485.55.</ns0:Num>
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						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Section 1473.6 and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								In a contested or uncontested proceeding, if the court has granted a writ of
						habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								If the court makes a finding that the petitioner has proven their factual innocence by a preponderance of the evidence pursuant to subdivision (b), upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								In a contested or uncontested proceeding, if the court has granted
						a writ of habeas corpus pursuant to common law, the California Constitution, the United States Constitution, or paragraphs (1) to (4), inclusive, of subdivision (b) of Section 1473, or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the petitioner may move the court for a finding that they are entitled to approval of a claim for compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3. The court shall grant the motion unless the district attorney objects in writing within 45 days from when the person files the motion and can establish by clear and
						convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. The district attorney shall bear the burden of proving by clear and convincing evidence that the person committed the acts constituting the offense. The district attorney may request an initial 30-day extension of time, and a single subsequent 15-day extension of time, each upon a separate showing of good cause. An extension of time beyond
						this period may be given if agreed upon by stipulation between both parties.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								If the district attorney does not object, or if the district attorney fails to establish by clear and convincing evidence that the person committed the acts constituting the offense as described in paragraph (1), the court shall grant the motion and the board shall, upon application by the person, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								If the motion is granted pursuant to a stipulation of the district attorney, and upon application by the person, the board shall, without a hearing, approve payment to the claimant, pursuant to Section 4904, if sufficient funds are available, upon appropriation
						by the Legislature.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								A conviction reversed and dismissed is no longer valid, thus the district attorney may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the petitioner through court litigation, or that there was a conviction to establish that the petitioner is not entitled to compensation. The district attorney may rely solely on the trial record to establish that the claimant is not entitled to compensation if the district attorney concludes, in good faith, that the trial record demonstrates guilt by clear and convincing evidence even after consideration of any exculpatory evidence presented by the claimant.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.
							</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner, upon application of the person, the board shall, without a hearing, approve payment to the claimant, pursuant to
						Section 4904, if sufficient funds are available, upon appropriation by the Legislature.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								For the purposes of this section, unless otherwise stated, “court” is defined as a state or federal court.
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			<ns0:Num>SEC. 2.</ns0:Num>
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				Section 4902 of the 
				<ns0:DocName>Penal Code</ns0:DocName>
				 is amended to read:
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			<ns0:Fragment>
				<ns0:LawSection id="id_D4443F5D-D813-4A37-952A-D8D1C39225F8">
					<ns0:Num>4902.</ns0:Num>
					<ns0:LawSectionVersion id="id_00E89D1F-271D-423D-B148-4550741E8A9E">
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							<html:p>
								(a)
								<html:span class="EnSpace"/>
								If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. As to any claim to which Section 851.865 or 1485.55 does not apply, the Attorney General shall respond to the claim within 60 days or request an extension of time, upon a showing of good cause.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Upon receipt of a response from the Attorney General, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof
						to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing. The board shall use reasonable diligence in setting the date for the hearing and shall attempt to set the date for the hearing at the earliest date convenient for the parties and the board.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								If the time period for response elapses without a request for extension or a response from the Attorney General pursuant to subdivision (a), the board shall fix a time and place for the hearing of the claim, mail notice thereof to the claimant at least 15 days prior to the time fixed for the hearing, and make a decision based on the claimant’s verified claim and any evidence presented by the claimant.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								If subdivision (b) of Section 4900 applies in any claim, the California Victim
						Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request an initial 45-day extension of time, and a single
						subsequent 45-day extension of time, each upon a separate showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney General’s office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to
						the fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature.
							</html:p>
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			<ns0:Num>SEC. 3.</ns0:Num>
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				Section 4903 of the 
				<ns0:DocName>Penal Code</ns0:DocName>
				 is amended to read:
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				<ns0:LawSection id="id_4F191D90-E5CC-431D-A28B-85E4341EC536">
					<ns0:Num>4903.</ns0:Num>
					<ns0:LawSectionVersion id="id_67611303-3FA6-4A58-8F2F-9EFDCBF3DA9C">
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							<html:p>
								(a)
								<html:span class="EnSpace"/>
								Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact that the crime with which they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								For claims falling within subdivision (b) of Section 4900 in which
						the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may rely solely on the trial record to establish that the claimant is not entitled to compensation if the Attorney General concludes, in good faith, that the trial record demonstrates guilt by clear and convincing evidence even after consideration of any exculpatory evidence presented by the claimant.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								The board shall deny payment of any claim if
						the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.
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			<ns0:Num>SEC. 4.</ns0:Num>
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				Section 4904 of the 
				<ns0:DocName>Penal Code</ns0:DocName>
				, as amended by Section 5 of Chapter 702 of the Statutes of 2023, is amended to read:
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				<ns0:LawSection id="id_EBB6B244-8C2C-422C-A445-2DF3D074D248">
					<ns0:Num>4904.</ns0:Num>
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						<ns0:Content>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall approve payment for the purpose of indemnifying the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. The amount of the payment
						shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. Notwithstanding any other provision in this section, the California Victim Compensation Board, prior to approving payment, may request from both parties additional documents or arguments as needed to calculate compensation. That payment shall not be treated as gross income to the recipient under the Revenue and Taxation Code.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								Notwithstanding any other provision in this chapter, compensation shall not be paid to a claimant who is serving a sentence for a violent felony listed in subdivision (c) of Section 667.5, or a serious felony listed in subdivision (c) of Section 1192.7. If the claimant has an outstanding
						restitution order pursuant to subdivision (f) of Section 1202.4 for any other offense, that order shall be paid from the claimant’s compensation before the claimant is paid.
							</html:p>
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