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CA SB1134

Bill

Status

Passed

9/28/2016

Primary Sponsor

Mark Leno

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Origin

Senate

2015-2016 Session

AI Summary

  • Expands grounds for habeas corpus to include new evidence that is credible, material, presented without substantial delay, and of such decisive force that it would more likely than not have changed the trial outcome.

  • Defines "new evidence" as evidence discovered after trial that could not have been discovered earlier through due diligence, is admissible, and is not merely cumulative, corroborative, collateral, or impeaching.

  • Includes expert opinions that have been repudiated by the expert or undermined by later scientific research or technological advances as potential "false evidence" grounds for habeas corpus.

  • Requires the California Victim Compensation Board to recommend appropriation without a hearing if a court finds a person factually innocent following a habeas corpus grant or judgment vacation, with compensation at $140 per day of incarceration served.

  • Allows petitioners to move for a factual innocence finding by preponderance of the evidence even if habeas corpus is granted on other grounds, triggering automatic board recommendation for compensation upon successful showing.

Legislative Description

Habeas corpus: new evidence: motion to vacate judgment: indemnity.

Last Action

Chaptered by Secretary of State. Chapter 785, Statutes of 2016.

9/28/2016

Committee Referrals

Appropriations6/28/2016
Public Safety6/13/2016
Appropriations4/5/2016
Public Safety3/3/2016
Rules2/18/2016

Full Bill Text

No bill text available