By Lucy Salcido Carter
This summer has been active on the legislative front for NCIP sponsored and supported bills. One bill, SB 1186, has already been signed into law; NCIP is working with legislative staff to amend language on another bill; and two other bills are currently being reviewed by Assembly Appropriations Committee consultants. Read more:
From left: Larry Pohlschneider, Obie Anthony (Photos by Greg Pio), and Luther Jones (Photo courtesy of Ko’Fawn Jones via Facebook).
Senate Bill 1186, authored by Senator Lara, included compensation for NCIP exonerees Larry Pohlschneider and Obie Anthony and for Lake County exoneree Luther Jones. It was signed into law by Governor Brown on July 1, 2016. Jones was exonerated and released from prison in February 2016 and has been in the hospital since then with illnesses he contracted while wrongfully imprisoned. NCIP worked closely with legislative staff for Senators Leno and McGuire and the Governor to fast-track this bill. The expedited passage of SB 1186 means that Anthony and Pohlschneider can get on with their lives post-release and that Jones and his family will have the resources to get him the best health care possible.
Assembly Bill 1802, authored by Assemblyman Chavez, revises the make-up of the Crime Victim Compensation Board (Board). In its current form, the bill adds crime victim expertise to the Board. NCIP, in partnership with the California Innocence Project (CIP), opposed this bill unless amended to include exoneree expertise on the Board. NCIP Policy Director Lucy Salcido Carter testified at the Senate Public Safety Committee hearing on June 28, explaining the role that the Board plays in making recommendations regarding exoneree compensation and the need to include experts in such matters. Assemblyman Chavez agreed in committee to work with NCIP and CIP to amend the bill to include exoneree expertise on the Board. Read more about the Board and the exoneree compensation process here.
Senate Bill 1134, authored by Senators Leno and Anderson, creates a fair standard in California for using new evidence to prove factual innocence. The bill passed in the Assembly Public Safety Committee on Tuesday, June 28 with a unanimous, bipartisan vote. NCIP exoneree Maurice Caldwell was eloquent in his testimony in support of the bill. NCIP staff and coalition partners are working with the Judicial Council on an assessment of possible court costs should this bill become law. SB 1134 is in the Assembly Appropriations Committee, which will vote on the bill in early August.
Senate Bill 1389, authored by Senators Glazer and Hernández, requires law enforcement to electronically record custodial interrogations of all murder suspects. The bill passed in the Assembly Public Safety Committee on June 28 with a unanimous, bipartisan vote. NCIP volunteer investigator and retired San José Deputy Policy Chief Donald Anders presented powerful testimony in support of this bill. This bill was amended in the Senate Appropriations Committee to allow audio recording as an alternative to video recording. Although this amendment is unfortunate, we have learned from our Innocence Project colleagues that in other states with the audio recording option, the vast majority of law enforcement agencies video record anyway, since video recording technology is so readily available. SB 1389 is in the Assembly Appropriations Committee, which will vote on the bill in early August.
If SB 1134 and SB 1389 pass in the Assembly Appropriations Committee in early August, the bills will move to the Assembly floor for a final vote.
Back to NCIP’s Summer 2016 Newsletter…
