BILL NUMBER: SB 1134 INTRODUCED
BILL TEXT
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:
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) (A) New evidence exists 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.
(B) For purposes of this section, "new evidence" means evidence
that has been discovered after trial, that could not have been
discovered prior to trial by the exercise of due diligence, and is
admissible and not merely cumulative, corroborative, collateral, or
impeaching.
(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
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 1485.5 of the Penal Code is amended to read:
1485.5. (a) If the district attorney or Attorney General
stipulates to or does not contest the factual allegations underlying
one or more of the grounds for granting a writ of habeas corpus or a
motion to vacate a judgment, the facts underlying the basis for the
court's ruling or order shall be binding on the Attorney General, the
factfinder, and the California Victim Compensation and Government
Claims Board.
(b) The district attorney shall provide notice to the Attorney
General prior to entering into a stipulation of facts that will be
the basis for the granting of a writ of habeas corpus or a motion to
vacate a judgment.
(c) The In a contested o
r uncontested proceeding, the express factual findings
made by the court, including credibility determinations, in
considering a petition for habeas corpus, a motion to vacate judgment
pursuant to Section 1473.6, or an application for a certificate of
factual innocence, shall be binding on the Attorney General, the
factfinder, and the California Victim Compensation and Government
Claims Board.
(d) For the purposes of this section, "express factual findings"
are findings established as the basis for the court's ruling or
order.
(e) For purposes of this section, "court" is defined as a state or
federal court.
SEC. 3. Section 1485.55 of the Penal Code is amended to read:
1485.55. (a) In a contested proceeding, if the court
grants has granted 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,
judgment, and if the court finds that
new evidence on the petition points unerringly to innocence,
has found that the person is factually innocent,
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 In a contested or uncontested
proceeding, 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, the and
did not find the person factually innocent in the habeas corpus
proceedings, 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, ground, 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
claim 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 claim 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.