SB 1134, as amended, 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 1473 of the Penal Code is amended to
2read:
(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.
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.
20(B) For purposes of this section, “new evidence” means evidence
21that has been discovered after trial, that could not have been
22discovered prior to trial by the exercise of due diligence, and is
23admissible and not merely cumulative, corroborative, collateral,
24or impeaching.
P3 1(c) Any allegation that the prosecution knew or should have
2known
of the false nature of the evidence referred to in paragraphs
3(1) and (2) of subdivision (b) is immaterial to the prosecution of
4a writ of habeas corpus brought pursuant to paragraph (1) or (2)
5of subdivision (b).
6(d) This section does not limit the grounds for which a writ of
7habeas corpus may be prosecuted or preclude the use of any other
8remedies.
9(e) (1) For purposes of this section, “false evidence” includes
10opinions of experts that have either been repudiated by the expert
11who originally provided the opinion at a hearing or trial or that
12have been undermined by later scientific research or technological
13advances.
14(2) This section does not create additional liabilities, beyond
15those already
recognized, for an expert who repudiates his or her
16original opinion provided at a hearing or trial or whose opinion
17has been undermined by later scientific research or technological
18advancements.
Section 1485.5 of the Penal Code is amended to read:
(a) If the district attorney or Attorney General
21stipulates to or does not contest the factual allegations underlying
22one or more of the grounds for granting a writ of habeas corpus
23or a motion to vacate a judgment, the facts underlying the basis
24for the court’s ruling or order shall be binding on the Attorney
25General, the factfinder, and the California Victim Compensation
26and Government Claims Board.
27(b) The district attorney shall provide notice to the Attorney
28General prior to entering into a stipulation of facts that will be the
29basis for the granting of a writ of habeas corpus or a motion to
30vacate a judgment.
31(c) In a contested or uncontested proceeding, the express factual
32findings made by the court, including credibility determinations,
33in considering a petition for habeas corpus, a motion to vacate
34judgment pursuant to Section 1473.6, or an application for a
35certificate of factual innocence, shall be binding on the Attorney
36General, the factfinder, and the California Victim Compensation
37and Government Claims Board.
38(d) For the purposes of this section, “express factual findings”
39are findings established as the basis for the court’s ruling or order.
P4 1(e) For purposes of this section, “court” is defined as a state or
2federal court.
Section 1485.55 of the Penal Code is amended to read:
(a) In a contested proceeding, if the court has granted
5a writ of habeas corpus or when, pursuant to Section 1473.6, the
6court vacates a judgment, and if the court
has found that the person
7is factually innocent, that finding shall be binding on the California
8Victim Compensation and Government Claims Board for a claim
9presented to the board, and upon application by the person, the
10board shall, without a hearing, recommend to the Legislature that
11an appropriation be made and the claim paid pursuant to Section
124904.
13(b) In a contested or uncontested proceeding, if the court grants
14a writ of habeas corpus
and did not find the person factually
15innocent in the habeas corpus proceedings, the petitioner may
16move for a finding ofbegin insert factualend insert innocence by a preponderance of the
17evidence that the crime with which he or she was charged was
18either not committed at all or, if committed, was not committed
19by him or her.
20(c) If the court vacates a judgment pursuant to Section 1473.6,
21on any ground, the petitioner may move for a finding ofbegin insert factualend insert
22 innocence by a preponderance of the evidence that the crime with
23which he or she was charged was either not committed at all or,
24if committed, was not committed by him or her.
25(d) If the court makes a finding that the petitioner has proven
26his or herbegin insert factualend insert innocence by a preponderance of the evidence
27pursuant to subdivision (b) or (c), the board shall, without a
28hearing, recommend to the Legislature that an appropriation be
29made and any claim filed shall be paid pursuant to Section 4904.
30(e) A presumption does not exist in any other proceeding for
31failure to make a motion or obtain a favorable ruling pursuant to
32subdivision (b) or (c).
33(f) If a federal court, after granting a writ of habeas corpus,
34pursuant to a nonstatutory motion or request, finds a petitioner
35begin insert
factuallyend insert innocent by no less than a preponderance of the evidence
36that the crime with which he or she was charged was either not
37committed at all or, if committed, was not committed by him or
38her, the board shall, without a hearing, recommend to the
P5 1Legislature that an appropriation be made and any claim filed shall
2be paid pursuant to Section 4904.
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