Mark Leno
- Democratic
Author
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 guilty of the person. This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. 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 unerringly 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 person is factually innocent. The bill would make additional clarifying and technical changes.
August 27 hearing: Held in committee and under submission.
Joint Rule 62(a) suspended.
August 26 set for first hearing. Placed on APPR. suspense file.
August 19 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 14). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 23. Noes 16. Page 1212.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 1159.) (May 28).
Set for hearing May 28.
May 4 hearing: Placed on APPR. suspense file.
Set for hearing May 4.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 731.) (April 21). Re-referred to Com. on APPR.
Set for hearing April 21.
From printer. May be acted upon on or after April 1.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB694 | HTML |
| 02/27/15 - Introduced | |
| 07/02/15 - Amended Assembly | |
| 07/16/15 - Amended Assembly | |
| 08/17/15 - Amended Assembly |
| Document | Format |
|---|---|
| No related documents. |
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