Senate BillNo. 1134


Introduced by Senators Leno and Anderson

February 18, 2016


An act to amend Sections 1473, 1485.5, and 1485.55 of the Penal Code, relating to habeas corpus.

LEGISLATIVE COUNSEL’S DIGEST

SB 1134, as introduced, Leno. Habeas corpus: new evidence: 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 guilty of the person.

This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial.

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 $140 per day of incarceration served. 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 unerringly 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, without a hearing, to recommend an appropriation to the Legislature if the court finds that the person is factually innocent. The bill would make additional clarifying and technical changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1473 of the Penal Code is amended to
2read:

3

1473.  

(a) Every person unlawfully imprisoned or restrained
4of his or her liberty, under any pretense, may prosecute a writ of
5habeas corpus to inquire into the cause of his or her imprisonment
6or restraint.

7(b) A writ of habeas corpus may be prosecuted for, but not
8limited to, the following reasons:

9(1) False evidence that is substantially material or probative on
10the issue of guilt or punishment was introduced against a person
11at a hearing or trial relating to his or her incarceration.

12(2) False physical evidence, believed by a person to be factual,
13probative, or material on the issue of guilt, which was known by
14the person at the time of entering a plea of guilty, which was a
15material factor directly related to the plea of guilty by the person.

begin insert

16(3) (A) New evidence exists that is credible, material, presented
17without substantial delay, and of such decisive force and value
18that it would have more likely than not changed the outcome at
19trial.

end insert
begin insert

20(B) For purposes of this section, “new evidence” means
21evidence that has been discovered after trial, that could not have
22been discovered prior to trial by the exercise of due diligence, and
23is admissible and not merely cumulative, corroborative, collateral,
24or impeaching.

end insert

25(c) Any allegation that the prosecution knew or should have
26known of the false nature of the evidence referred to inbegin insert paragraphs
27(1) and (2) ofend insert
subdivision (b) is immaterial to the prosecution of
P3    1a writ of habeas corpus brought pursuant tobegin insert paragraph (1) or (2)
2ofend insert
subdivision (b).

3(d) This sectionbegin delete shall not be construed as limitingend deletebegin insert does not limitend insert
4 the grounds for which a writ of habeas corpus may be prosecuted
5orbegin delete as precludingend deletebegin insert precludeend insert the use of any other remedies.

6(e) (1) For purposes of this section, “false evidence”begin delete shall
7includeend delete
begin insert includesend insert opinions of experts that have either been
8repudiated by the expert who originally provided the opinion at a
9hearing or trial or that have been undermined by later scientific
10research or technological advances.

11(2) This section does not create additional liabilities, beyond
12those already recognized, for an expert who repudiates his or her
13original opinion provided at a hearing or trial or whose opinion
14has been undermined by later scientific research or technological
15advancements.

16

SEC. 2.  

Section 1485.5 of the Penal Code is amended to read:

17

1485.5.  

(a) If the district attorney or Attorney General
18stipulates to or does not contest the factual allegations underlying
19one or more of the grounds for granting a writ of habeas corpus
20or a motion to vacate a judgment, the facts underlying the basis
21for the court’s ruling or order shall be binding on the Attorney
22General, the factfinder, and the California Victim Compensation
23and Government Claims Board.

24(b) The district attorney shall provide notice to the Attorney
25General prior to entering into a stipulation of facts that will be the
26basis for the granting of a writ of habeas corpus or a motion to
27vacate a judgment.

28(c) begin deleteThe end deletebegin insertIn a contested oend insertbegin insertr uncontested proceeding, the end insertexpress
29factual findings made by the court, including credibility
30determinations, in considering a petition for habeas corpus, a
31motion to vacate judgment pursuant to Section 1473.6, or an
32application for a certificate of factual innocence, shall be binding
33on the Attorney General, the factfinder, and the California Victim
34Compensation and Government Claims Board.

35(d) For the purposes of this section, “express factual findings”
36are findings established as the basis for the court’s ruling or order.

37(e) For purposes of this section, “court” is defined as a state or
38federal court.

39

SEC. 3.  

Section 1485.55 of the Penal Code is amended to read:

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1485.55.  

(a) In a contested proceeding, if the courtbegin delete grantsend deletebegin insert has
2grantedend insert
a writ of habeas corpusbegin delete concerning a person who is
3unlawfully imprisoned or restrained,end delete
or when, pursuant to Section
41473.6, the court vacates abegin delete judgment on the basis of new evidence
5concerning a person who is no longer unlawfully imprisoned or
6restrained,end delete
begin insert judgment,end insert and if the courtbegin delete finds that new evidence on
7the petition points unerringly to innocence,end delete
begin insert has found that the
8person is factually innocent,end insert
that finding shall be binding on the
9California Victim Compensation and Government Claims Board
10for a claim presented to the board, and upon application by the
11person, the board shall, without a hearing, recommend to the
12Legislature that an appropriation be made and the claim paid
13pursuant to Section 4904.

14(b) begin deleteIf end deletebegin insertIn a contested or uncontested proceeding, if end insertthe court
15grants a writ of habeas corpusbegin delete concerning a person who is
16unlawfully imprisoned or restrained on any ground other than new
17evidence that points unerringly to innocence or actual innocence,
18theend delete
begin insert and did not find the person factually innocent in the habeas
19corpus proceedings, theend insert
petitioner may move for a finding of
20innocence by a preponderance of the evidence that the crime with
21which he or she was charged was either not committed at all or,
22if committed, was not committed by him or her.

23(c) If the court vacates a judgment pursuant to Section 1473.6,
24on anybegin delete ground other than new evidence that points unerringly to
25innocence or actual innocence,end delete
begin insert ground,end insert the petitioner may move
26for a finding of innocence by a preponderance of the evidence that
27the crime with which he or she was charged was either not
28committed at all or, if committed, was not committed by him or
29her.

30(d) If the court makes a finding that the petitioner has proven
31his or her innocence by a preponderance of the evidence pursuant
32to subdivision (b) or (c), the board shall, without a hearing,
33recommend to the Legislature that an appropriation be made and
34begin delete the claimend deletebegin insert any claim filed shall beend insert paid pursuant to Section 4904.

35(e) begin deleteNo end deletebegin insertA end insertpresumptionbegin delete shallend deletebegin insert does notend insert exist in any other
36proceeding for failure to make a motion or obtain a favorable ruling
37pursuant to subdivision (b) or (c).

38(f) If a federal court, after granting a writ of habeas corpus,
39pursuant to a nonstatutory motion or request, finds a petitioner
40innocent by no less than a preponderance of the evidence that the
P5    1crime with which he or she was charged was either not committed
2at all or, if committed, was not committed by him or her, the board
3shall, without a hearing, recommend to the Legislature that an
4appropriation be made andbegin delete the claimend deletebegin insert any claim filed shall beend insert paid
5pursuant to Section 4904.

begin delete

6(g) For the purposes of this section, “new evidence” means
7evidence that was not available or known at the time of trial that
8completely undermines the prosecution case and points unerringly
9to innocence.

end delete


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