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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 1058	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 18, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1058, as introduced, 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 require, for purposes of these provisions, false
evidence to 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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) Every person unlawfully imprisoned or restrained of his
 or her  liberty, under any  pretense whatever,
  pretense,  may prosecute a writ of habeas
 corpus,   corpus  to inquire into the
cause of  such   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
 any   a  hearing or trial relating to his
 or her  incarceration; or
   (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)  Nothing in this   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) 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.