SB 1058, as introduced, Leno. Writ of habeas corpus.
Existing law authorizes every person unlawfully imprisoned or restrained of his or her liberty, under any pretense, to prosecute a writ of habeas corpus for specified reasons, including when false evidence that is substantially material or probative on the issue of guilt or punishment was introduced against the person at any hearing or trial relating to his or her incarceration.
This bill would require, for purposes of these provisions, false evidence to include opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1473 of the Penal Code is amended to
2read:
(a) Every person unlawfully imprisoned or restrained
4of hisbegin insert or herend insert liberty, under anybegin delete pretense whatever,end deletebegin insert pretense,end insert may
5prosecute a writ of habeasbegin delete corpus,end deletebegin insert corpusend insert to inquire into the cause
6ofbegin delete suchend deletebegin insert
his or herend insert imprisonment or restraint.
P2 1(b) A writ of habeas corpus may be prosecuted for, but not
2limited to, the following reasons:
3(1) False evidence that is substantially material or probative on
4the issue of guilt or punishment was introduced against a person
5atbegin delete anyend deletebegin insert aend insert hearing or trial relating to hisbegin insert or herend insert incarceration; or
6(2) False physical evidence, believed by a person to be factual,
7probative, or material on the issue of guilt, which was known by
8the person at the time of
entering a plea of guilty, which was a
9material factor directly related to the plea of guilty by the person.
10(c) Any allegation that the prosecution knew or should have
11known of the false nature of the evidence referred to in subdivision
12(b) is immaterial to the prosecution of a writ of habeas corpus
13brought pursuant to subdivision (b).
14(d) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert be construed as limiting
15the grounds for which a writ of habeas corpus may be prosecuted
16or as precluding the use of any other remedies.
17(e) For purposes of this section, “false evidence” shall include
18opinions of experts that have either been repudiated by the expert
19who originally provided the opinion at a hearing or trial or that
20have been undermined by later scientific research or technological
21advances.
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