SB 1137

Bill Subjects

Abstract

Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. A writ of habeas corpus may be prosecuted for, among other things, false evidence that is substantially material or probative on the issue of guilt or punishment that was introduced against the person at a hearing or trial relating to their incarceration. Existing law makes a finding of factual innocence by a court in a contested hearing binding on the California Victim Compensation Board for purposes of a claim. Existing law establishes procedures for the board for the hearing of a claim. Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. This bill would add factual innocence, as defined, as an additional basis for habeas corpus, and would require a petitioner to establish their factual innocence by clear and convincing evidence, as defined, that no reasonable jury would have found them guilty beyond a reasonable doubt. The bill would make a finding of factual innocence at an uncontested hearing binding on the California Victim Compensation Board for purposes of a claim. The bill would require the board to order compensation if it finds the claimant has established by a preponderance of the evidence that no reasonable jury would find the person guilty beyond a reasonable doubt had they heard the evidence now before the board. The bill would require the court to include in the sealed records that the person was found factually innocent.