(a)Any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 for that conviction, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, shall have served the term or any part thereof for which they were imprisoned in state prison or incarcerated in county jail, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the injury sustained by the person through the erroneous conviction and
imprisonment or incarceration.
(b)If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate 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 California Victim Compensation Board shall, upon application by the person, and without a hearing, approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, pursuant to Section 4904, unless the Attorney General establishes pursuant to subdivision (d) of Section 4902, that the claimant is not entitled to compensation.
(c)(1)This section shall become inoperative on July 1, 2024, only if General Fund
moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and an appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.
(2)The amendments made by the act adding this subdivision shall become operative on January 1, 2023.
Notes of Decisions
Madrigal v. California Victim Comp. & Gov't Claims Bd., 6 Cal. App. 5th 1108 (Cal. Ct. App. 2016).
· cites it 2× “(Pen. Code, § 4900, et seq.) Following a contested evidentiary hearing, a hearing officer issued a proposed decision in November 2013 denying Madrigal’s claim after finding that Madrigal had not proven his innocence by a preponderance of the evidence.”
Marsh v. San Diego Cnty., 432 F. Supp. 2d 1035 (S.D. Cal. 2006).
“Request for Judicial Notice Plaintiff originally requested the Court take judicial notice of ten documents, including: (1) August 10, 2004 Order Granting the Petition, Setting Aside the Conviction, and Releasing the Petitioner; (2) Proposed Decision (Penal Code §§ 4900 et seq.)…”
State v. Ford, 193 So. 3d 1242 (La. Ct. App. 2016).
“Cal.Penal Code § 4900. . Ms. Brown later, in the penalty phase of the proceedings, recanted her testimony and stated that she had lied in her previous testimony.”
Diola v. State Bd. of Control, 135 Cal. App. 3d 580 (Cal. Ct. App. 1982).
· cites it 3× “Discussion I Penal Code section 4900 2 provides that a person erroneously convicted and imprisoned for a felony may present a claim to the Board of Control for injuries sustained thereby.”
State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015).
“5(4) (West, Westlaw current through 2014 Gen. Sess.); Va.Code Ann. § 8.01-195.10(B) (West, Westlaw current through 2015 Reg.”
Ebberts v. State Bd. of Control, 84 Cal. App. 3d 329 (Cal. Ct. App. 1978).
“Penal Code section 4900 reads in its entirety as follows: “Any person who, having been convicted of any crime against the State of California amounting to a felony, and having been imprisoned therefor in a State prison of this State shall hereafter be granted a pardon by the…”
Franklin v. Gomez, No. 3:21-cv-00252 (S.D. Cal. July 13, 2021).
· cites it 3× “Plaintiff’s Allegations 3 Plaintiff alleges he submitted a California Government Claims Act claim seeking 4 compensation under California Penal Code § 4900, which provides compensation for 5 persons who have “been convicted of any crime against the state amounting to a felony 6…”
Madrigal v. Victim Comp. & Govt. Claims Bd., No. B265105M (Cal. Ct. App. Jan. 5, 2017).
“(Pen. Code, § 4900, et seq.) Following a contested evidentiary hearing, a hearing officer issued a proposed decision in November 2013 denying Madrigal’s claim after finding that Madrigal had not proven his innocence by a preponderance of the evidence.”
Gonzales v. California Victim Comp. Bd., 98 Cal. App. 5th 427 (Cal. Ct. App. 2023).
“(Pen. Code, § 4900 et seq.)1 Here, an inmate convicted as the shooter in a gang-related drive-by shooting applied for such compensation after the United States Court of Appeals for the Ninth Circuit (the Ninth Circuit) granted the inmate’s habeas corpus petition and overturned…”
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