Bill Text: CA SB694 | 2015-2016 | Regular Session | Amended
Bill Title: New evidence: habeas corpus: motion to vacate judgment: indemnity.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB694 Detail]
Download: California-2015-SB694-Amended.html
BILL NUMBER: SB 694 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JULY 2, 2015
INTRODUCED BY Senator Leno
(Coauthor: Senator Anderson)
FEBRUARY 27, 2015
An act to amend Sections 1473, 1485.5, and 1485.55 of the Penal
Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
SB 694, as amended, Leno. New evidence: habeas corpus: 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 and
Government Claims 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 $100 per day of incarceration served subsequent to
the person's conviction. 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 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) 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.
(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 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 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 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 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 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
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.
(g) For the purposes of this section, "new evidence" means
evidence that was not available or known at the time of trial.
