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CA SB938

Bill

Status

Introduced

2/6/2020

Primary Sponsor

Scott Wiener

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Expands the definition of "false evidence" in habeas corpus proceedings to include expert opinions undermined by scientific research that existed at the time of testimony, not just later research or technological advances.

  • Adds that false evidence includes expert opinions where a reasonable dispute has emerged within the relevant scientific community regarding the validity of the methods or theories used by the expert.

  • Specifies that expert opinions based on circular reasoning cannot serve as reliable matter for forming opinions, defining circular reasoning as conclusions solely based on the same unproven premise the expert seeks to establish.

  • Clarifies that prosecutors' knowledge of false evidence is immaterial to habeas corpus petitions based on false evidence introduced at trial or guilty plea proceedings.

  • Protects experts from additional liability beyond existing law when their original opinions are repudiated or undermined by scientific research, technological advances, or community disputes over their methodologies.

Legislative Description

Trial testimony: expert witnesses: writ of habeas corpus.

Last Action

Referral to Com. on JUD. rescinded due to the shortened 2020 Legislative Calendar.

5/12/2020

Committee Referrals

Public Safety2/20/2020
Rules2/6/2020

Full Bill Text

No bill text available