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CA SB446
Bill
AI Summary
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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.
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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.
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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.
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Establishes that factual findings stipulated to or not contested by the district attorney or Attorney General become binding on all parties, including the board.
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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