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CA SB78
Bill
AI Summary
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Requires district attorney to provide notice to the Attorney General no fewer than 7 days before entering a stipulation to facts underlying a writ of habeas corpus or motion to vacate judgment.
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Authorizes a person whose habeas corpus writ was granted or judgment vacated, and whose charges were dismissed or who was acquitted on retrial, to move for a finding of entitlement to compensation, which the court must grant unless the district attorney proves by clear and convincing evidence the person committed the acts.
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Requires the California Victim Compensation Board to calculate compensation within 90 days of filing a claim (instead of 30 days) and permits the board to request additional documents or arguments from both parties to calculate compensation.
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Establishes that persons entitled to compensation shall receive $140 per day of incarceration served and $70 per day on parole or supervised release, with amounts updated annually for inflation based on the Consumer Price Index.
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Changes the compensation board's process from recommending appropriations to the Legislature to directly approving payments if sufficient funds are available upon legislative appropriation.
Legislative Description
Criminal procedure: factual innocence.
Last Action
Chaptered by Secretary of State. Chapter 702, Statutes of 2023.
10/10/2023