Bill Text: CA SB1058 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Writ of habeas corpus.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State. Chapter 623, Statutes of 2014. [SB1058 Detail]

Download: California-2013-SB1058-Chaptered.html

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BILL NUMBER: SB 1058	CHAPTERED
	BILL TEXT

	CHAPTER  623
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2014
	PASSED THE SENATE  AUGUST 13, 2014
	PASSED THE ASSEMBLY  JUNE 23, 2014
	AMENDED IN ASSEMBLY  JUNE 4, 2014

INTRODUCED BY   Senator Leno
   (Coauthor: Senator Anderson)
   (Coauthor: Assembly Member Ting)

                        FEBRUARY 18, 2014

   An act to amend Section 1473 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1058, Leno. Writ of habeas corpus.
   Existing law authorizes every person unlawfully imprisoned or
restrained of his or her liberty, under any pretense, to prosecute a
writ of habeas corpus for specified reasons, including when false
evidence that is substantially material or probative on the issue of
guilt or punishment was introduced against the person at any hearing
or trial relating to his or her incarceration.
   This bill would provide, for purposes of a writ of habeas corpus,
that 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. The bill would state that its
provisions do not create additional liabilities, beyond those already
recognized, for an expert who repudiates his or her original opinion
or whose opinion has been undermined by later scientific research or
technological advancements.


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.
   (c) Any allegation that the prosecution knew or should have known
of the false nature of the evidence referred to in subdivision (b) is
immaterial to the prosecution of a writ of habeas corpus brought
pursuant to subdivision (b).
   (d) This section shall not be construed as limiting the grounds
for which a writ of habeas corpus may be prosecuted or as precluding
the use of any other remedies.
   (e) (1) For purposes of this section, "false evidence" shall
include 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.