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CA SB1137

Bill

Status

Introduced

2/19/2020

Primary Sponsor

William Monning

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Adds factual innocence as a new basis for habeas corpus petitions, requiring petitioner to prove by clear and convincing evidence that no reasonable jury would find them guilty beyond a reasonable doubt.

  • Modifies California Victim Compensation Board procedures to make findings of factual innocence binding at both contested and uncontested proceedings, allowing compensation based on preponderance of evidence standard.

  • Requires courts to indicate in sealed records that a person was found "factually innocent" when setting aside convictions based on factual innocence determinations under specified sections.

  • Changes the compensation standard for erroneously convicted persons from proving the crime "was either not committed at all or was not committed by the claimant" to proving "no reasonable jury would find the person guilty beyond a reasonable doubt had they heard the evidence now before the court."

  • Maintains indemnification amount at $140 per day of incarceration served and clarifies that such compensation is not treated as gross income under California tax law.

Legislative Description

Habeas corpus: factual innocence.

Last Action

March 24 hearing postponed by committee.

3/18/2020

Committee Referrals

Public Safety2/27/2020
Rules2/19/2020

Full Bill Text

No bill text available