AB 316

Bill Subjects

Abstract

Existing law requires that an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services must be commenced within one year after the plaintiff discovers, or should have discovered, the wrongful act or omission, or 4 years from the date of the wrongful act or omission, whichever occurs first. This bill would provide that, if the plaintiff is required to establish his or her factual innocence for an underlying criminal charge as an element of his or her claim against an attorney, the time period to commence this action shall be 2 years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Existing law provides that any finding that an arrestee is factually innocent, as specified, shall not be admissible as evidence in any action. This bill would provide that, notwithstanding this provision, a finding that an arrestee is factually innocent shall be admissible as evidence at a hearing before the California Victim Compensation and Government Claims Board. Existing law allows a presiding judge, whenever a person is acquitted of a charge and it appears to the judge that the defendant is factually innocent of the charge, to order that the records in the case be sealed. This bill would require a judge, upon written or oral motion of any party in the case or the court, to order that the records in a case be sealed whenever a person is convicted of a charge and the conviction is set aside because a determination was made that the person was factually innocent. Existing law allows a person erroneously convicted and imprisoned to present a claim within a period of 6 months after judgment of acquittal or discharge given, or after pardon granted, or after release from imprisonment, against the state to the California Victim Compensation and Government Claims Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. This bill would instead provide that a person erroneously convicted and imprisoned may present this claim within 2 years. Existing law establishes a process for a hearing on an erroneously convicted person's claim at which the claimant is required to introduce evidence in support of the claim and the Attorney General may introduce evidence in opposition. Existing law requires the claimant to prove the facts set forth in the statement constituting the claim, including that the crime charged was either not committed at all, or, if committed, not committed by the claimant, and the fact that the claimant did not, by any act or omission, either intentionally or negligently, contribute to the bringing about of his or her arrest or conviction, and that he or she sustained pecuniary injury. If the evidence shows that the claimant has proved these facts, existing law requires the board to recommend to the Legislature that an appropriation be made for indemnifying the claimant. This bill would remove the requirement on the claimant to prove that he or she did not negligently contribute to his or her arrest or conviction. The bill would provide that when determining whether the claimant intentionally contributed to the bringing about of his or her arrest or conviction, the factfinder shall not consider statements obtained from an involuntary false confession or involuntary plea. The bill would provide that the claimant shall bear the burden of proving by a preponderance of the evidence that the statements were obtained from an involuntary false confession or involuntary plea.