BILL NUMBER: SB 1134	CHAPTERED
	BILL TEXT

	CHAPTER  785
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2016
	PASSED THE SENATE  AUGUST 25, 2016
	PASSED THE ASSEMBLY  AUGUST 18, 2016
	AMENDED IN ASSEMBLY  AUGUST 1, 2016
	AMENDED IN SENATE  MAY 31, 2016

INTRODUCED BY   Senators Leno and Anderson
   (Coauthors: Senators Glazer and Hancock)
   (Coauthors: Assembly Members Bonilla and Bonta)

                        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, 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 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.


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) A 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.
  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 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 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 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.