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CA SB446

Bill

Status

Passed

10/4/2021

Primary Sponsor

Josh Becker

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Origin

Senate

2021-2022 Session

AI Summary

  • Requires the California Victim Compensation Board to recommend compensation without a hearing when a person's writ of habeas corpus is granted, charges are dismissed, or they are acquitted on retrial, unless the Attorney General objects with clear and convincing evidence.

  • Shifts burden to the Attorney General to prove by clear and convincing evidence that a claimant committed the offense; prohibits relying solely on the trial record of a reversed or dismissed conviction to deny compensation.

  • Makes court findings of fact and credibility determinations from habeas corpus proceedings, motions to vacate, or factual innocence applications binding on the Attorney General and Victim Compensation Board.

  • Establishes that factual findings stipulated to or not contested by the district attorney or Attorney General become binding on all parties, including the board.

  • Specifies that compensation is $140 per day of incarceration served and that no res judicata or collateral estoppel findings can result from failure to obtain favorable rulings under these provisions.

Legislative Description

Factual innocence.

Last Action

Chaptered by Secretary of State. Chapter 490, Statutes of 2021.

10/4/2021

Committee Referrals

Appropriations7/14/2021
Public Safety6/10/2021
Appropriations4/6/2021
Public Safety2/25/2021
Rules2/16/2021

Full Bill Text

No bill text available