SB 694, as introduced, Leno. New evidence: habeas corpus: motion to vacate judgment: indemnity.
Existing law allows every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, but not limited to, false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial and false physical evidence which was a material factor directly related to the plea of guilt of the person.
This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence which would raise a reasonable probability of a different outcome if a new trial were granted.
Existing law requires the California Victim Compensation and Government Claims Board to recommend an appropriation be made by the Legislature for the purpose of indemnifying a person if the evidence shows that a crime with which the person was charged was either not committed at all, or, if committed, was not committed by that person. Existing law requires that the appropriation recommended shall be a sum equivalent to $100 per day of incarceration served subsequent to the person’s conviction. If a court grants a writ of habeas corpus or vacates a judgment on the basis of new evidence and finds that the new evidence points unerringlying to innocence, existing law requires the board to recommend an appropriation to the Legislature pursuant to these provisions without a hearing.
This bill would require the board to recommend an appropriation to the Legislature if the court finds that the new evidence raises a reasonable probability of a different outcome if a new trial were granted.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1473 of the Penal Code is amended to
(a) Every person unlawfully imprisoned or restrained
4of his or her liberty, under any pretense, may prosecute a writ of
5habeas corpus to inquire into the cause of his or her imprisonment
7(b) A writ of habeas corpus may be prosecuted for, but not
8limited to, the following reasons:
9(1) False evidence that is substantially material or probative on
10the issue of guilt or punishment was introduced against a person
11at a hearing or trial relating to his or her incarceration.
12(2) False physical evidence, believed by a person to be factual,
13probative, or material on the issue of guilt, which was known by
14the person at the time of entering a plea of guilty, which was a
15material factor directly related to the plea of guilty by the person.
18(c) Any allegation that the prosecution knew or should have
19known of the false nature of the evidence referred to in subdivision (b) is immaterial to the prosecution of
21a writ of habeas corpus brought pursuant to subdivision (b).
begin deleteThis section shall not be construed as limiting end deletethe grounds for which a writ of habeas corpus may
25be prosecuted or
begin delete as precludingend delete the use of any other
27(e) (1) For purposes of this section, “false evidence”
begin delete shall opinions of experts that have either been
29repudiated by the expert who originally provided the opinion at a
P3 1hearing or trial or that have been undermined by later scientific
2research or technological advances.
3(2) This section does not create additional liabilities, beyond
4those already recognized, for an expert who repudiates his or her
5original opinion provided at a hearing or trial or whose opinion
6has been undermined by later scientific research or technological
Section 1485.55 of the Penal Code is amended to read:
(a) In a contested proceeding, if the court grants a
10writ of habeas corpus concerning a person who is unlawfully
11imprisoned or restrained, or when, pursuant to Section 1473.6, the
12court vacates a judgment on the basis of new evidence concerning
13a person who is no longer unlawfully imprisoned or restrained,
14and if the court finds that new evidence on the petition
begin delete points , that finding shall be
15unerringly to innocenceend delete
17binding on the California Victim Compensation and Government
18Claims Board for a claim presented to the board, and upon
19application by the person, the board shall, without a hearing,
20recommend to the Legislature that an appropriation be made and
21the claim paid pursuant to Section 4904.
22(b) If the court grants a writ of habeas corpus concerning a
23person who is unlawfully imprisoned or restrained on any ground
24other than new evidence
begin delete that points unerringly to innocence or , the petitioner may move for
25actual innocenceend delete
27a finding of innocence by a preponderance of the evidence that
28the crime with which he or she was charged was either not
29committed at all or, if committed, was not committed by him or
31(c) If the court vacates a judgment pursuant to
32on any ground other than new evidence
begin delete that points unerringly to , the petitioner
33innocence or actual innocenceend delete
35may move for a finding of innocence by a preponderance of the
36evidence that the crime with which he or she was charged was
37either not committed at all or, if committed, was not committed
38by him or her.
39(d) If the court makes a finding that the petitioner has proven
40his or her innocence by a preponderance of the evidence pursuant
P4 1to subdivision (b) or (c), the board shall, without a hearing,
2recommend to the Legislature that an appropriation be made and
begin delete theend delete claim paid pursuant to Section
begin deleteNo end deletepresumption begin delete shallend delete exist in any other
5proceeding for failure to make a motion or obtain a favorable ruling
6pursuant to subdivision (b) or (c).
7(f) If a federal court, after granting a writ of habeas corpus,
8pursuant to a nonstatutory motion or request, finds a petitioner
9innocent by no less than a preponderance of the evidence that the
10crime with which he or she was charged was either not committed
11at all or, if committed, was not committed by him or her, the board
12shall, without a hearing, recommend to the Legislature that an
13appropriation be made and
begin delete theend delete claim paid
14pursuant to Section 4904.
15(g) For the purposes of this section, “new evidence” means
16evidence that was not available or known at the time of trial that
begin delete completely undermines the prosecution case and points unerringly .
18to innocenceend delete