Amended in Assembly July 2, 2015

Senate BillNo. 694


Introduced by Senator Leno

February 27, 2015


An act to amend Sections 1473begin insert, 1485.5,end insert and 1485.55 of the Penal Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

SB 694, as amended, 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 ofbegin delete guiltend deletebegin insert guiltyend insert 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 pointsbegin delete unerringlyingend deletebegin insert unerringlyend insert 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 thebegin delete new evidence raises a reasonable probability of a different outcome if a new trial were granted.end deletebegin insert person is factually innocent. The bill would make additional clarifying and technical changes.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1473 of the Penal Code is amended to
2read:

3

1473.  

(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
6or restraint.

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.

16(3) New evidence exists which would raise a reasonable
17probability of a different outcome if a new trial were granted.

18(c) Any allegation that the prosecution knew or should have
19known of the false nature of the evidence referred to in paragraphs
20(1) and (2) of subdivision (b) is immaterial to the prosecution of
21a writ of habeas corpus brought pursuant to paragraph (1) or (2)
22of subdivision (b).

23(d) This section does not limit the grounds for which a writ of
24habeas corpus may be prosecuted or preclude the use of any other
25remedies.

P3    1(e) (1) For purposes of this section, “false evidence” includes
2opinions of experts that have either been repudiated by the expert
3who originally provided the opinion at a hearing or trial or that
4have been undermined by later scientific research or technological
5advances.

6(2) This section does not create additional liabilities, beyond
7those already recognized, for an expert who repudiates his or her
8original opinion provided at a hearing or trial or whose opinion
9has been undermined by later scientific research or technological
10advancements.

11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1485.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

12

1485.5.  

(a) If the district attorney or Attorney General
13stipulates to or does not contest the factual allegations underlying
14one or more of the grounds for granting a writ of habeas corpus
15or a motion to vacate a judgment, the facts underlying the basis
16for the court’s ruling or order shall be binding on the Attorney
17General, the factfinder, and the California Victim Compensation
18and Government Claims Board.

19(b) The district attorney shall provide notice to the Attorney
20General prior to entering into a stipulation of facts that will be the
21basis for the granting of a writ of habeas corpus or a motion to
22vacate a judgment.

23(c) begin deleteThe end deletebegin insertIn a contested or uncontested proceeding, theend insertbegin insert end insertexpress
24factual findings made by the court, including credibility
25determinations, in considering a petition for habeas corpus, a
26motion to vacate judgment pursuant to Section 1473.6, or an
27application for a certificate of factual innocence, shall be binding
28on the Attorney General, the factfinder, and the California Victim
29Compensation and Government Claims Board.

30(d) For the purposes of this section, “express factual findings”
31are findings established as the basis for the court’s ruling or order.

32(e) For purposes of this section, “court” is defined as a state or
33federal court.

34

begin deleteSEC. 2.end delete
35begin insertSEC. 3.end insert  

Section 1485.55 of the Penal Code is amended to read:

36

1485.55.  

(a) In a contested proceeding, if the courtbegin delete grantsend deletebegin insert has
37grantedend insert
a writ of habeasbegin delete corpus concerning a person who is
38unlawfully imprisoned or restrained,end delete
begin insert corpus,end insert or when, pursuant to
39Section 1473.6, the court vacates abegin delete judgment on the basis of new
40evidence concerning a person who is no longer unlawfully
P4    1imprisoned or restrained,end delete
begin insert judgment,end insert and if the courtbegin delete finds that new
2evidence on the petition raises a reasonable probability of a
3different outcome if a new trial were granted,end delete
begin insert end insertbegin inserthas found the person
4is factually innocent,end insert
that finding shall be binding on the California
5Victim Compensation and Government Claims Board for a claim
6presented to the board, and upon application by the person, the
7board shall, without a hearing, recommend to the Legislature that
8an appropriation be made and the claim paid pursuant to Section
94904.

10(b) begin deleteIf end deletebegin insertIn a contested or uncontested proceeding, ifend insertbegin insert end insertthe court
11grants a writ of habeas corpusbegin delete concerning a person who is
12unlawfully imprisoned or restrained on any ground other than new
13evidence that raises a reasonable probability of a different outcome
14if a new trial were granted,end delete
begin insert and did not find the person factually
15innocent in the habeas proceedings,end insert
the petitioner may move for
16a finding of innocence by a preponderance of the evidence that
17the crime with which he or she was charged was either not
18committed at all or, if committed, was not committed by him or
19her.

20(c) If the court vacates a judgment pursuant to Section 1473.6,
21on any begin delete ground other than new evidence that raises a reasonable
22probability of a different outcome if a new trial were granted,end delete

23begin insert ground,end insert the petitioner may move for a finding of innocence by a
24preponderance of the evidence that the crime with which he or she
25was charged was either not committed at all or, if committed, was
26not committed by him or her.

27(d) If the court makes a finding that the petitioner has proven
28his or her innocence by a preponderance of the evidence pursuant
29to subdivision (b) or (c), the board shall, without a hearing,
30recommend to the Legislature that an appropriation be made and
31any claim filed shall be paid pursuant to Section 4904.

32(e) A presumption does not exist in any other proceeding for
33failure to make a motion or obtain a favorable ruling pursuant to
34subdivision (b) or (c).

35(f) If a federal court, after granting a writ of habeas corpus,
36pursuant to a nonstatutory motion or request, finds a petitioner
37innocent by no less than a preponderance of the evidence that the
38crime with which he or she was charged was either not committed
39at all or, if committed, was not committed by him or her, the board
40shall, without a hearing, recommend to the Legislature that an
P5    1appropriation be made and any claim filed shall be paid pursuant
2to Section 4904.

3(g) For the purposes of this section, “new evidence” means
4evidence that was not available or known at the time ofbegin delete trial that
5raises a reasonable probability of a different outcome if a new trial
6were granted.end delete
begin insert trial.end insert



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