Lorena Gonzalez
- Democratic
Author
Under existing law, although persons not presently restrained of liberty may seek certain types of relief from the disabilities of a conviction, the writ of habeas corpus is generally not available to them. Existing law creates an explicit right for a person no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment based on newly obtained evidence of fraud or misconduct by a government official, as specified. This bill would create an explicit right for a person no longer imprisoned or restrained to prosecute a motion to vacate a conviction or sentence based on a prejudicial error damaging the moving party's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. The bill would require a court to grant the motion if the moving party establishes a ground for relief, by a preponderance of the evidence. The bill would require a court granting or denying the motion to specify the basis for its conclusion.
Chaptered by Secretary of State - Chapter 739, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 2:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 15. Page 6527.).
Joint Rule 62(a), file notice suspended. (Page 6469.)
From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 1.) (August 30).
Senate amendments concurred in.
Action rescinded whereby the Assembly concurred in Senate amendments.
Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 5022.).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (August 11).
From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (May 10). Re-referred to Com. on RLS.
In committee: Set, first hearing. Hearing canceled at the request of author.
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In committee: Hearing postponed by committee.
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 11. Page 1476.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time and amended. Ordered to third reading. (Page 1429.)
Read third time and amended. Ordered to third reading. (Page 1331.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (April 21).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 29.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB813 | HTML |
| 02/26/15 - Introduced | |
| 03/26/15 - Amended Assembly | |
| 05/07/15 - Amended Assembly | |
| 05/14/15 - Amended Assembly | |
| 06/22/15 - Amended Senate | |
| 09/02/16 - Enrolled | |
| 09/28/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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