BILL NUMBER: SB 694 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 27, 2015
An act to amend Sections 1473 and 1485.55 of the Penal Code,
relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
SB 694, as introduced, Leno. New evidence: habeas corpus: motion
to vacate judgment: indemnity.
Existing law allows every person who is unlawfully imprisoned or
restrained of his or her liberty to prosecute a writ of habeas corpus
to inquire into the cause of his or her imprisonment or restraint.
Existing law allows a writ of habeas corpus to be prosecuted for, but
not limited to, false evidence that is substantially material or
probative to the issue of guilt or punishment that was introduced at
trial and false physical evidence which was a material factor
directly related to the plea of guilt of the person.
This bill would additionally allow a writ of habeas corpus to be
prosecuted on the basis of new evidence which would raise a
reasonable probability of a different outcome if a new trial were
granted.
Existing law requires the California Victim Compensation and
Government Claims Board to recommend an appropriation be made by the
Legislature for the purpose of indemnifying a person if the evidence
shows that a crime with which the person was charged was either not
committed at all, or, if committed, was not committed by that person.
Existing law requires that the appropriation recommended shall be a
sum equivalent to $100 per day of incarceration served subsequent to
the person's conviction. If a court grants a writ of habeas corpus or
vacates a judgment on the basis of new evidence and finds that the
new evidence points unerringlying to innocence, existing law requires
the board to recommend an appropriation to the Legislature pursuant
to these provisions without a hearing.
This bill would require the board to recommend an appropriation to
the Legislature if the court finds that the new evidence raises a
reasonable probability of a different outcome if a new trial were
granted.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1473 of the Penal Code is amended to read:
1473. (a) Every person unlawfully imprisoned or restrained of his
or her liberty, under any pretense, may prosecute a writ of habeas
corpus to inquire into the cause of his or her imprisonment or
restraint.
(b) A writ of habeas corpus may be prosecuted for, but not limited
to, the following reasons:
(1) False evidence that is substantially material or probative on
the issue of guilt or punishment was introduced against a person at a
hearing or trial relating to his or her incarceration.
(2) False physical evidence, believed by a person to be factual,
probative, or material on the issue of guilt, which was known by the
person at the time of entering a plea of guilty, which was a material
factor directly related to the plea of guilty by the person.
(3) New evidence exists which would raise a reasonable probability
of a different outcome if a new trial were granted.
(c) Any allegation that the prosecution knew or should have known
of the false nature of the evidence referred to in paragraphs
(1) and (2) of subdivision (b) is immaterial to the prosecution
of a writ of habeas corpus brought pursuant to paragraph (1) or
(2) of subdivision (b).
(d) This section shall not be construed as limiting
This section does not limit the grounds for
which a writ of habeas corpus may be prosecuted or as
precluding preclude the use of any other
remedies.
(e) (1) For purposes of this section, "false evidence"
shall include includes 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.
(2) This section does not create additional liabilities, beyond
those already recognized, for an expert who repudiates his or her
original opinion provided at a hearing or trial or whose opinion has
been undermined by later scientific research or technological
advancements.
SEC. 2. Section 1485.55 of the Penal Code is amended to read:
1485.55. (a) In a contested proceeding, if the court grants a
writ of habeas corpus concerning a person who is unlawfully
imprisoned or restrained, or when, pursuant to Section 1473.6, the
court vacates a judgment on the basis of new evidence concerning a
person who is no longer unlawfully imprisoned or restrained, and if
the court finds that new evidence on the petition points
unerringly to innocence raises a reasonable
probability of a different outcome if a new trial were granted
, that finding shall be binding on the California Victim
Compensation and Government Claims Board for a claim presented to the
board, and upon application by the person, the board shall, without
a hearing, recommend to the Legislature that an appropriation be made
and the claim paid pursuant to Section 4904.
(b) If the court grants a writ of habeas corpus concerning a
person who is unlawfully imprisoned or restrained on any ground other
than new evidence that points unerringly to innocence or
actual innocence that raises a reasonable probability
of a different outcome if a new trial were granted , the
petitioner may move for a finding of innocence by a preponderance of
the evidence that the crime with which he or she was charged was
either not committed at all or, if committed, was not committed by
him or her.
(c) If the court vacates a judgment pursuant to Section 1473.6, on
any ground other than new evidence that points unerringly
to innocence or actual innocence that raises a
reasonable probability of a different outcome if a new trial were
granted , the petitioner may move for a finding of innocence by
a preponderance of the evidence that the crime with which he or she
was charged was either not committed at all or, if committed, was not
committed by him or her.
(d) If the court makes a finding that the petitioner has proven
his or her innocence by a preponderance of the evidence pursuant to
subdivision (b) or (c), the board shall, without a hearing, recommend
to the Legislature that an appropriation be made and the
any claim filed shall be paid
pursuant to Section 4904.
(e) No A presumption shall
does not exist in any other proceeding for
failure to make a motion or obtain a favorable ruling pursuant to
subdivision (b) or (c).
(f) If a federal court, after granting a writ of habeas corpus,
pursuant to a nonstatutory motion or request, finds a petitioner
innocent by no less than a preponderance of the evidence that the
crime with which he or she was charged was either not committed at
all or, if committed, was not committed by him or her, the board
shall, without a hearing, recommend to the Legislature that an
appropriation be made and the any claim
filed shall be paid pursuant to Section 4904.
(g) For the purposes of this section, "new evidence" means
evidence that was not available or known at the time of trial that
completely undermines the prosecution case and points
unerringly to innocence raises a reasonable
probability of a different outcome if a new trial were granted
.