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CA SB981
Bill
AI Summary
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Requires district attorney to provide notice to the Attorney General no fewer than seven days before entering a stipulation of facts that will be the basis for granting a writ of habeas corpus or motion to vacate a judgment.
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Authorizes persons whose writ of habeas corpus was granted or judgment vacated, and whose charges were subsequently dismissed or who were acquitted on retrial, to move the court for a finding of entitlement to compensation.
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Shifts burden to district attorney to establish by clear and convincing evidence that the person committed the offense in order to deny compensation, with 15 days to object after motion is filed.
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Allows district attorney a single 30-day extension of time to respond upon showing of good cause, with additional extensions available by stipulation between parties.
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Prohibits district attorney from relying solely on the original trial record or the fact of the reversed conviction to establish that a person is not entitled to compensation.
Legislative Description
Criminal procedure: factual innocence.
Last Action
In Senate. Consideration of Governor's veto pending.
9/29/2022