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CA SB694

Bill

Status

Failed

11/30/2016

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Adds "new evidence" as grounds for habeas corpus petitions if the evidence is credible, material, presented without substantial delay, and would more likely than not have changed the trial outcome.

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

  • Expands the definition of "false evidence" to include expert opinions that have been repudiated by the original expert or undermined by later scientific research or technological advances.

  • Requires the California Victim Compensation and Government Claims Board to recommend an appropriation without a hearing if a court finds a person factually innocent in habeas corpus or judgment vacation proceedings.

  • Makes factual findings and stipulations by district attorneys or courts binding on the Attorney General, factfinder, and the Victim Compensation and Government Claims Board in habeas corpus and judgment vacation cases.

Legislative Description

New evidence: habeas corpus: motion to vacate judgment: indemnity.

Last Action

From Assembly without further action.

11/30/2016

Committee Referrals

Appropriations7/14/2015
Public Safety6/18/2015
Appropriations4/22/2015
Public Safety3/19/2015
Rules2/27/2015

Full Bill Text

No bill text available