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CA SB78

Bill

Status

Passed

10/10/2023

Primary Sponsor

Steve Glazer

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations6/13/2023
Public Safety5/11/2023
Appropriations3/29/2023
Public Safety1/25/2023
Rules1/12/2023

Full Bill Text

No bill text available