Bill Text: CA SB981 | 2021-2022 | Regular Session | Introduced

California Senate Bill 981 (Prior Session Legislation)

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

Bill Title: Criminal procedure: factual innocence.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Vetoed) 2022-09-29 - In Senate. Consideration of Governor's veto pending. [SB981 Detail]

Download: California-2021-SB981-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 981

Introduced by Senator Glazer
(Principal coauthor: Senator Becker)
(Coauthor: Senator Caballero)
(Coauthor: Assembly Member Lackey)

February 10, 2022

An act to amend Sections 1485.5 and 1485.55 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

SB 981, as introduced, Glazer. Criminal procedure: factual innocence.

Existing law authorizes a person who is unlawfully imprisoned under specified circumstances, including, without limitation, conviction on the basis of false evidence or the existence of new exculpatory evidence, to prosecute a writ of habeas corpus ordering their release. Existing law also authorizes such a person who is no longer in custody to prosecute a motion to vacate a judgment.

Under existing law, if the district attorney stipulates to, or does not contest the factual allegations underlying the application for such a writ or motion, the district attorney is required to provide notice to the Attorney General.

This bill would require such notice to be given no less than seven days before entering a stipulation.

Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration.

This bill would instead grant a presumption of factual innocence for the purpose of obtaining that compensation, which may be overcome by clear and convincing evidence to the contrary, as established by the district attorney.

The bill would make other conforming changes.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

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~~ no fewer than seven days before 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. A response from the Attorney General is not required to proceed with the stipulation.

(c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, during proceedings on 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 rulings or orders.

(e) For purposes of this section, “court” is defined as a state or federal court.

SEC. 2.

Section 1485.55 of the Penal Code is amended to read:

1485.55.

(a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section ~~1473.6,~~ 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the court vacates a judgment, and if the court has found that the person is factually innocent, under any standard for factual innocence applicable in those proceedings, 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 has granted a writ of habeas corpus or vacated a judgment pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, the person may move for a finding of factual ~~innocence by a preponderance of the evidence that the crime with which they were charged was either not committed at all or, if committed, was not committed by the petitioner.~~ innocence. If the district attorney or the court has dismissed the charges against the person or the person has been acquitted on retrial, there exists a presumption in favor of a finding of factual innocence for purposes of eligibility for compensation, unless the district attorney objects and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3.

(c) If the district attorney does not object, or the court makes a finding that the ~~petitioner has proven their factual innocence by a preponderance of the evidence pursuant to~~ district attorney has not overcome the presumption described in subdivision (b), the court shall grant to motion and 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.

(d) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivisions (a) and (b). No res judicata or collateral estoppel finding in any other proceeding shall be made for failure to make a motion or obtain a favorable ruling pursuant to subdivision (a) or (b) of this section.

(e) 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 they were charged was either not committed at all or, if committed, was not committed by the petitioner, 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.

(f) For the purposes of this section, unless otherwise stated, “court” is defined as a state or federal court.