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CA SB97

Bill

Status

Passed

10/7/2023

Primary Sponsor

Scott Wiener

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Expands grounds for habeas corpus petitions to include new evidence that has not been previously presented at trial and was discovered after trial, defining "new evidence" as admissible, material, and credible evidence that more likely than not would have changed the case outcome.

  • Allows incarcerated state prison petitioners to waive in-person appearance at evidentiary hearings or appear remotely via technology unless counsel indicates the defendant's presence is needed.

  • Creates a presumption in favor of granting habeas relief if the district attorney or Attorney General concedes or stipulates to a factual or legal basis for relief, which can only be overcome if the record contradicts the concession or it would violate law.

  • Permits appointment of postconviction counsel as trial counsel or cocounsel for retrials following granted postconviction relief, if both the petitioner and counsel agree and counsel is trial-qualified.

  • Broadens the scope of expert testimony challenges by allowing habeas petitions based on significant disputes regarding scientific, medical, or forensic testimony reliability that has emerged or developed in the relevant professional community.

Legislative Description

Criminal procedure: writ of habeas corpus.

Last Action

Chaptered by Secretary of State. Chapter 381, Statutes of 2023.

10/7/2023

Committee Referrals

Appropriations6/28/2023
Public Safety6/1/2023
Appropriations3/29/2023
Public Safety1/25/2023
Rules1/18/2023

Full Bill Text

No bill text available