BILL NUMBER: SB 1025	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 11, 2010

   An act to amend Section 68661 of, and to add Section 68667 to, the
Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1025, as introduced, Harman. Courts: California Habeas Corpus
Resource Center.
   Existing law establishes in the judicial branch of state
government the California Habeas Corpus Resource Center and specifies
the powers and duties of the center, including the authority to
employ up to 34 attorneys who may be appointed by the Supreme Court
to represent any person convicted and sentenced to death in this
state who is without counsel and determined to be indigent, for the
purpose of instituting and prosecuting postconviction actions,
challenging the legality of the judgment or sentence, and preparing
petitions for executive clemency.
   This bill would remove the limitation on the number of attorneys
who may be employed by the California Habeas Corpus Resource Center.
The bill would also require the Supreme Court to develop necessary
rules and procedures for initiating habeas corpus proceedings in the
superior court, as specified.
   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 68661 of the Government Code is amended to
read:
   68661.  There is hereby created in the judicial branch of state
government the California Habeas Corpus Resource Center, which shall
have all of the following general powers and duties:
   (a) To employ  up to 34  attorneys who may be
appointed by the Supreme Court to represent any person convicted and
sentenced to death in this state who is without counsel, and who is
determined by a court of competent jurisdiction to be indigent, for
the purpose of instituting and prosecuting postconviction actions in
the state and federal courts, challenging the legality of the
judgment or sentence imposed against that person, and preparing
petitions for executive clemency. An appointment may be concurrent
with the appointment of the State Public Defender or other counsel
for purposes of direct appeal under Section 11 of Article VI of the
California Constitution.
   (b) To seek reimbursement for representation and expenses pursuant
to Section 3006A of Title 18 of the United States Code when
providing representation to indigent persons in the federal courts
and process those payments via the Federal Trust Fund.
   (c) To work with the Supreme Court in recruiting members of the
private bar to accept death penalty habeas corpus case appointments.
   (d) To establish and periodically update a roster of attorneys
qualified as counsel in postconviction proceedings in capital cases.
   (e) To establish and periodically update a roster of experienced
investigators and experts who are qualified to assist counsel in
postconviction proceedings in capital cases.
   (f) To employ investigators and experts as staff to provide
services to appointed counsel upon request of counsel, provided that
when the provision of those services is to private counsel under
appointment by the Supreme Court, those services shall be pursuant to
contract between appointed counsel and the center.
   (g) To provide legal or other advice or, to the extent not
otherwise available, any other assistance to appointed counsel in
postconviction proceedings as is appropriate when not prohibited by
law.
   (h) To develop a brief bank of pleadings and related materials on
significant, recurring issues that arise in postconviction
proceedings in capital cases and to make those briefs available to
appointed counsel.
   (i) To evaluate cases and recommend assignment by the court of
appropriate attorneys.
   (j) To provide assistance and case progress monitoring as needed.
   (k) To timely review case billings and recommend compensation of
members of the private bar to the court.
   (l) The center shall report annually to the Legislature, the
Governor, and the Supreme Court on the status of the appointment of
counsel for indigent persons in postconviction capital cases, and on
the operations of the center. On or before January 1, 2000, the
Legislative Analyst's Office shall evaluate the available reports.
  SEC. 2.  Section 68667 is added to the Government Code, to read:
   68667.  The Supreme Court shall develop necessary rules and
procedures for initiating habeas corpus proceedings in the superior
court arising out of a judgment of death, including, but not limited
to, establishing timeframes and standards for ordering a hearing,
providing for appointment and compensation of counsel, and detailing
appellate procedures.