SB 779

Bill Subjects

Abstract

(1) Existing law requires the Governor to appoint a State Public Defender and requires the State Public Defender, among other things, to formulate plans for the representation of indigents in the Supreme Court and each appellate district. This bill would delete the provision requiring the State Public Defender to formulate plans for the representation of indigents. The bill would require the State Public Defender to report annually to the Governor and the Legislature on the status of, and appointment of counsel for, indigent persons with respect to death penalty appeals. (2) Existing law provides that the duties prescribed by the State Public Defender in existing law are not exclusive, and allows the State Public Defender to perform any acts consistent with his or her prescribed duties in carrying out the functions of the office. This bill would delete these provisions. (3) Existing law establishes the California Habeas Corpus Resource Center in the judicial branch of state government and authorizes the center employ up to 34 attorneys who may be appointed by the Supreme Court to represent any person convicted and sentenced to death in this state, who is without counsel, and who is determined by a court to be indigent, for the purposes of instituting and prosecuting postconviction actions in state and federal courts, challenging the legality of the judgment or sentence imposed against that person, and preparing petitions for executive clemency. Among other things, existing law requires the center to establish and periodically update a roster of attorneys qualified as counsel in postconviction proceedings in capital cases. Existing law requires the Supreme Court to offer to appoint counsel to represent all state prisoners subject to a capital sentence for state postconviction proceedings and enter an order to appoint one or more counsel to represent the prisoner in postconviction state proceedings upon a finding that the prisoner is indigent or unable to completely decide whether to accept or reject that offer. Existing law grants the center the power to employ investigators and staff to provide services to appointed counsel, and to provide legal or other advice or, to the extent not otherwise available, any other assistance to the appointed counsel in postconviction proceedings as is appropriate. This bill would instead require the superior court which imposed the death sentence to offer to appoint counsel to represent state prisoners subject to a capital sentence for purposes of state postconviction proceedings, and would require the superior court to appoint one or more counsel to represent the prisoner in a state habeas corpus proceeding. The bill would require the Legislature to ensure funding to fulfill these requirements, and would authorize the Legislature to consider utilizing funds that were formerly appropriated for the support of the Supreme Court. The bill would provide that the center shall annually recommend attorneys to the Supreme Court for inclusion in a roster of attorneys qualified as counsel in postconviction proceedings in capital cases, provided that the final determination of whether to include an attorney in a roster shall be made by the Supreme Court and not delegated to the center. This bill would remove the power of the center to provide any other assistance to appointed counsel other than employing investigators and staff, or providing legal or other advice. The bill would provide that the center may only represent a person sentenced to death on one federal habeas corpus petition, and only if certain requirements are met, including that the center was appointed to represent that person on a state petition for habeas corpus. (4) Existing law requires that the executive director of the California Habeas Corpus Resource Center be chosen by a 5-member board of directors and confirmed by the Senate, as provided. This bill would eliminate the provisions regarding the 5-member board of directors and instead require the executive director to be appointed by the Supreme Court. The bill would provide that the executive director shall receive the salary that is specified in existing law for the State Public Defender and would require all other attorneys employed by the center to be compensated at the same level as comparable positions in the office of the State Public Defender. (5) Existing law requires the Judicial Counsel and the Supreme Court to adopt binding and mandatory competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings. This bill would instead provide that an attorney shall be deemed competent for appointment as counsel in a death penalty direct appeal or habeas corpus proceeding if the attorney has been admitted to practice in a court of appeal for not less than 5 years, and has had not less than 3 years of experience in handling appeals in that court in felony cases, as specified in federal law. The bill would allow the Judicial Council and the Supreme Court to adopt mandatory competency standards in lieu of the above provision, as specified, and would require the above standard to be in effect until the Judicial Council or the Supreme Court has adopted new standards. (6) Existing law requires the California Habeas Corpus Resource Center to report annually to the Legislature, the Governor, and the Supreme Court on the status of appointment of counsel for indigent persons in postconviction capital cases, and on the operations of the center. This bill would require the report to list all cases in which the center is providing representation. For each case that has been pending for more than one year in any court, the bill would require the report to state the reason for the delay and actions the center is taking to bring the case to completion. The bill would require the report to be made available on the center's Internet Web site or by another medium providing equal or better access to the public. (7) Existing law, for purposes of the death penalty, defines the "entire record" as including the normal and additional record prescribed in the rules adopted by the Judicial Council pertaining to an appeal taken by the defendant from a judgment of conviction, a copy of any other record on file or lodged with the superior court, and a transcript of any other oral proceeding reported in the superior court. This bill would instead define the record for purposes of death penalty cases and provide that jury questionnaires filled out by jurors who were excused without having been seated in the jury box during the selection process and who were not excused for cause are not part of the record. (8) Existing law requires the record on appeal to be expeditiously certified in 2 stages, first for completeness and 2nd for accuracy, in any case in which the death sentence has been imposed. Existing law requires the clerk of the superior court to provide trial counsel copies of the clerk's transcript within 30 days of the imposition of the death sentence. Existing law requires trial counsel to alert the court's attention to any errors in the transcripts incidentally discovered by counsel while reviewing them in the normal course of trial preparation. Existing law requires the trial court to certify the record for completeness and for incorporation of all corrections no later than 90 days after entry of the imposition of the death sentence unless good cause is shown, except that existing law provides this time period may be extended if the trial transcript exceeds 10,000 pages. Existing law requires the trial court to hold one or more hearings for trial counsel to address the completeness of the record and any outstanding errors that have come to their attention and to certify that they have reviewed all docket sheets to ensure that the record contains transcripts for any proceedings, hearings, or discussions that are required to be reported. Existing law requires the trial court to certify the record for accuracy no later than 120 days after the record has been delivered to appellate counsel, except that existing law provides that this time may be extended, as provided. This bill would delete the requirement that the record be certified in 2 stages for completeness and accuracy. The bill would require the superior court to provide trial counsel with copies of the clerk's transcript, the reporter's transcript, and a comprehensive journal of proceedings, as provided. The bill would require trial counsel to undertake to identify and promptly alert the court's attention to any errors in the transcript of proceedings and to provide a list of any proposed corrections to the reporter's transcript. The bill would remove the exception to the 90-day certification requirement for proceedings in which the trial transcript exceeds 10,000 pages. The bill would require the clerk of the trial court to deliver a copy of the record on appeal to the Attorney General. The bill would provide that no additional motion for correcting the record may be entertained after the record is certified, except that either party may file in the Supreme Court a motion for referral to the trial court for correction of a material error in the record, as provided. The bill would require the Supreme Court to rule on the motion not later than 21 days after it is filed. (9) Under existing law, when an appeal lies on behalf of a defendant or the people, the appeal may be taken in the manner provided in the rules adopted by the Judicial Counsel. Under existing law, when a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or his or her counsel. This bill would provide that the appellate court may require the appellant to be represented by counsel, but would require counsel to respect the right of the client to determine the goals of representation. (10) Existing law authorizes the Supreme Court to appoint counsel other than the State Public Defender in cases where a judgment of death has been rendered. This bill would instead prohibit the State Public Defender from being appointed in a noncapital case at any time when there is a backlog of capital cases awaiting appointment of more than 3 months and the State Public Defender is unable to take all of the cases for which the State Public Defender would otherwise be appointed. The bill would require the clerk of the Supreme Court to notify the State Public Defender of a case promptly upon docketing, and would require the State Public Defender to notify the Supreme Court if the office is unable to represent the appellant within 30 days. The bill would require the Supreme Court to promptly issue an order appointing the State Public Defender as counsel for the appellant if notice is not received within the 30 days. The bill would require any attorney who is qualified for appointment in capital appeals to agree to accept any appointments as a condition of remaining on the list of attorneys for appointment by a court of appeals in noncapital cases, as provided. (11) Existing law provides that every person unlawfully imprisoned or restrained of liberty may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint. Existing law requires that the person upon whom the writ is served to file a return. Existing law requires that if the party is held under illegal restraint or custody, he or she shall be discharged, and if not, he or she shall be restored to the care or custody of the person entitled thereto. Existing law provides that an appeal may be taken from a final order of a superior court upon the return of a writ of habeas corpus discharging the defendant to the court of appeal in all criminal cases, except that existing law requires the appeal to be to the Supreme Court in cases where judgment of death has been rendered. This bill would provide the exclusive procedure for collateral attack on a judgment of death. The bill would require any petition for writ of habeas corpus filed by a person in custody pursuant to a judgment of death to be filed in, or transferred to, the court that imposed the sentence unless good cause is shown for the petition to be heard by another court. The bill would require that the prisoner be offered counsel, and would authorize the prisoner or the State to appeal the decision on the petition to the court with jurisdiction over the appeal from the underlying criminal judgment. The bill would prohibit a successive petition to be used as a means of reviewing a denial of habeas relief. The bill would require the initial petition to be filed within one year of appointing counsel or of the defendant's rejecting of counsel, unless the court finds, by a preponderance of all available evidence that the defendant is actually innocent of the crime or is ineligible for the sentence of death. The bill would require that a successive petition claiming innocence or ineligibility for the sentence of death to disclose all material information relating to guilt in possession of the petitioner. (12) Existing law requires that every male person upon whom a judgment of death has been imposed to be delivered to the warden of the California state prison designated by the department for the execution of the death penalty, and requires the person to be kept there until the execution of judgment. Existing law allows an inmate who commits specified crimes to be housed in secure condemned housing. Existing law requires that a judgment for imprisonment where the judgment is for death to direct the defendant to be delivered to the warden of the California Prison at San Quentin. This bill would instead allow the department to transfer any inmate, without regard to gender, to another prison which the department determines provides a level of security sufficient for the inmate, and would require the inmate to be returned to the prison designated for execution of the death penalty after an execution date has been set. The bill would allow a condemned inmate to be housed in any state prison designated by the Secretary of the Department of Corrections and Rehabilitation for the housing of condemned prisoners. (13) Existing law requires a court, if a judgment of death remains in force and has not been executed, to enter an order appointing a day upon which the judgment shall be executed that is not less than 30 days, nor more than 60 days from the time of making the order. This bill would instead require the court enter an order specifying a period of 30 days during with the judgment shall be executed, as provided. The bill would make conforming changes. (14) Existing law requires that, in order to expedite certification of the entire record on appeal in all criminal cases, the defendant's trial counsel and the prosecutor continue to represent the respective parties. Existing law specifies that each counsel's obligations extend to taking all steps necessary to facilitate the preparation and timely certification of the record of superior court proceedings. Existing law specifies that these provisions do not foreclose the defendant's appellate counsel from requesting additions or corrections to the record on appeal in either the trial court or the Supreme Court in a manner provided by the rules of court adopted by the Judicial Council. This bill would delete these provisions. (15) Under existing law, when a defendant has been charged with a public offense triable in any court, he or she may, and in cases other than those for which the punishment may be death, the people may, have witnesses examined conditionally, as specified. This bill would allow witnesses to be examined conditionally by the defendant and by the people in any case where the defendant has been charged with a public offense triable in any court, as provided. (16) Existing law requires a judgment of death to be executed within the walls of the California State Prison at San Quentin. Existing law requires every female person, upon whom has been imposed the judgment of death, to be delivered to the warden of the Central California Women's Facility, to be held pending appeal. Upon affirmance of her appeal, existing law requires the female person sentenced to death to be delivered to the warden of the California state prison designated by the department for the execution of the death penalty This bill would delete the above provisions relating to condemned female inmates and would instead require the judgment of death in the case of both genders to be executed within the walls of a state prison to be determined by the Secretary of the Department of Corrections and Rehabilitation. The bill would provide that this determination, and any standards, procedures, or regulations promulgated by the department in regard to the administration of the penalty of death, would not be subject to review by the Office of Administrative Law, as provided. (17) Existing law requires the punishment of death to be inflicted by the administration of lethal gas or an intravenous injection and provides that if either method is held invalid that the punishment shall be imposed by the other method. This bill would provide that the punishment of death would be inflicted by the administration of lethal gas or injection by any means. The bill would specify that lethal gas may include any gas administered in a lethal manner, including by displacing oxygen. In the event a method of execution is held invalid, the bill would require the court to order the use of a valid method of execution, as provided. If the method of execution is enjoined by a federal court, the bill would require the Department of Corrections and Rehabilitation to adopt a method that conforms to federal requirements, as specified. If the Department of Corrections and Rehabilitation fails to perform any duty needed to enable it to execute judgment, the bill would require the court which rendered the judgment of death to order the department to perform that duty on its own motion, on the motion of the district attorney or Attorney General, or on the motion of any victim of the crime, as specified. The bill would provide that the execution of judgment shall not be prevented or substantially delayed under any circumstances. (18) The California Constitution requires that a statute that limits the right of access to meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by that limitation and the need for protecting that interest. Except as provided by statute enacted by a two-thirds vote of the membership in each house of the legislature, the California Constitution prohibits the exclusion of relevant evidence in any criminal proceeding, including pretrial and postconviction motions and hearings. This bill would require the identity and personal identifying information of the members of an execution team, medical professionals who assist in or consult on executions, persons who perform ancillary functions in an execution, and persons who supply drugs, medical supplies, or medical equipment for an execution to be privileged official information. The bill would prohibit disclosure of this information, and would provide the information shall not be subject to discovery in any civil, criminal, or administrative proceedings, except as specified. Because this bill would potentially exclude relevant evidence from a criminal proceeding, it would require a 2/3 vote. The bill would make a legislative finding and declaration relating to the necessity of protecting the privacy of these individuals. The bill would require any pharmacy operated by the Department of Corrections and Rehabilitation to obtain and provide any drugs or other controlled substances and medical supplies necessary for the execution process and practice sessions. The bill would require the secretary of the department to maintain ultimate authority over the pharmacy for purposes of obtaining these supplies. The bill would prohibit the infliction of the punishment of death from being construed to be the practice of medicine. The bill would prohibit any physician from being compelled by the state to perform an execution. The bill would allow the state to employ a physician to be present during the execution and to pronounce death. The bill would prohibit any agency that regulates the practice of health care from taking disciplinary action against any licensed health care professional for participating in, or providing assistance with, and execution. (19) Existing law requires that the warden of the state prison where an execution is to take place be present at the execution and invite the presence of the Attorney General, the members of the immediate family of the victim or victims of the defendant, and at least 12 reputable citizens selected by the warden. This bill would require the warden, in the event that a condemned inmate has been sentenced to death in one or more proceedings or jurisdictions, to invite the prosecuting attorney, the judge, and the chief law enforcement official from each jurisdiction where any death sentence has issued to attend the execution. (20) The bill would provide that it would not be operative unless Senate Constitutional Amendment No. ____ of the 2013–14 Regular Session is approved by the voters.