Scott Wiener
- Democratic
- Senator
- District 11
Author
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. Existing law allows a writ of habeas corpus to be prosecuted on the basis of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. Existing law defines false evidence for these purposes as including the opinions of experts that have been repudiated by the expert or that have been undermined by later scientific research or technological advances. This bill would additionally allow a person to prosecute a writ of habeas corpus if a significant dispute has emerged or further developed in the petitioner's favor regarding expert medical, scientific, or forensic testimony that was introduced at trial and contributed to the conviction, such that it would have more likely than not changed the outcome at trial, as specified. The bill would also expand the definition of false evidence to include the opinions of experts that are undermined by the state of scientific knowledge. This bill would incorporate additional changes to Section 1473 of the Penal Code proposed by AB 256 to be operative only if this bill and AB 256 are enacted and this bill is enacted last.
Chaptered by Secretary of State. Chapter 982, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5314.) Ordered to engrossing and enrolling.
Read third time. Passed. Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11).
June 22 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 1). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Read third time. Passed. (Ayes 30. Noes 3. Page 2822.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 2795.) (January 20).
Set for hearing January 20.
January 18 hearing: Placed on APPR suspense file.
Set for hearing January 18.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 2747.) (January 11). Re-referred to Com. on APPR.
Set for hearing January 11.
Withdrawn from committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.
April 13 set for first hearing. Failed passage in committee. (Ayes 4. Noes 3. Page 777.) Reconsideration granted.
Set for hearing April 13.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.
(Ayes 32. Noes 4.)
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
From printer. May be acted upon on or after March 19.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB467 | HTML |
| 02/16/21 - Introduced | |
| 03/22/21 - Amended Senate | |
| 01/03/22 - Amended Senate | |
| 01/20/22 - Amended Senate | |
| 05/25/22 - Amended Assembly | |
| 08/15/22 - Amended Assembly | |
| 08/22/22 - Amended Assembly | |
| 09/01/22 - Enrolled | |
| 09/30/22 - Chaptered |
| Document | Format |
|---|---|
| 04/09/21- Senate Natural Resources and Water | |
| 01/07/22- Senate Public Safety | |
| 01/15/22- Senate Appropriations | |
| 01/20/22- Senate Appropriations | |
| 01/25/22- Sen. Floor Analyses | |
| 05/31/22- Assembly Public Safety | |
| 06/21/22- Assembly Appropriations | |
| 08/17/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/22/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/29/22- Sen. Floor Analyses |
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