Amended in Assembly August 1, 2016

Amended in Senate May 31, 2016

Senate Bill No. 1134

Introduced by Senators Leno and Anderson

(Coauthors: Senators Glazer and Hancock)

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(Coauthor: Assembly Member Bonta)

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(Coauthors: Assembly Members Bonilla and Bonta)

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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 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 begin delete and Government Claims end delete 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)  begin delete Every end delete begin insert A end insert 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 does not limit the grounds for which a writ of
habeas corpus may be prosecuted or preclude the use of any other
remedies.

(e) (1) For purposes of this section, “false evidence” 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.

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begin insert SEC. 2. end insert   

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begin insert Section 1485.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

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
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)  begin delete The end delete begin insert In a contested or uncontested proceeding, the end insert 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 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.

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begin insert SEC. 3. end insert   

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begin insert Section 1485.55 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1485.55.  

(a) In a contested proceeding, if the court begin delete grants end delete begin insert has
granted end insert a writ of habeas corpus begin delete concerning a person who is
unlawfully imprisoned or restrained, or end delete begin insert or end insert when, pursuant to
Section 1473.6, the court vacates a begin delete judgment on the basis of new
evidence concerning a person who is no longer unlawfully
imprisoned or restrained, end delete begin insert judgment, end insert and if the court begin delete finds that new
evidence on the petition points unerringly to innocence, end delete begin insert has found
that the person is factually innocent, end insert that finding shall be binding
on the California Victim Compensation 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)  begin delete If end delete begin insert In a contested or uncontested proceeding, if end insert the court
grants a writ of habeas corpus begin delete 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 end delete begin insert and did not find the person factually innocent in the habeas
corpus proceedings, the end insert petitioner may move for a finding of
begin insert factual end insert 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 begin delete ground other than new evidence that points unerringly to
innocence or actual innocence, end delete begin insert ground, end insert the petitioner may move
for a finding of begin insert factual end insert 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 begin insert factual end insert 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 begin delete the claim end delete begin insert any claim filed shall be end insert paid pursuant to
Section 4904.

(e)  begin delete No presumption shall end delete begin insert A presumption does not end insert 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
begin insert factually end insert 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 begin delete the claim end delete begin insert any claim
filed shall be end insert paid pursuant to Section 4904.

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(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.

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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) In a contested or 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 has granted
a writ of habeas corpus or when, pursuant to Section 1473.6, the
court vacates a judgment, and if the court 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) In a contested or uncontested proceeding, if the court grants
a writ of habeas corpus and did not find the person factually
innocent in the habeas corpus proceedings, the petitioner may
move for a finding of factual 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, the petitioner may move for a finding of factual
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 factual 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 any claim filed shall be paid pursuant to Section 4904.

(e) A presumption 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
factually 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 any claim filed shall
be paid pursuant to Section 4904.

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