SB 981

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 10, 2022
  • Passed Senate Apr 28, 2022
  • Passed Assembly Aug 04, 2022
  • Governor

Criminal procedure: factual innocence.

Abstract

Existing law authorizes a person who is unlawfully imprisoned under specified circumstances, including, without limitation, conviction on the basis of false evidence or the existence of new exculpatory evidence, to prosecute a writ of habeas corpus ordering their release. Existing law also authorizes such a person who is no longer in custody to prosecute a motion to vacate a judgment. Under existing law, if the district attorney stipulates to, or does not contest the factual allegations underlying the application for such a writ or motion, the district attorney is required to provide notice to the Attorney General. This bill would require such notice to be given no less than seven days before entering a stipulation. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration. This bill would authorize a person, if the court has granted specified writs of habeas corpus and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, to move the court for a finding that they are entitled to compensation. The bill would require the court to grant that motion unless the district attorney can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation, as specified. The bill would make other conforming changes.

Bill Sponsors (4)

Votes


Actions


Sep 29, 2022

Senate

Vetoed by the Governor.

Senate

In Senate. Consideration of Governor's veto pending.

Aug 23, 2022

California State Legislature

Enrolled and presented to the Governor at 12:30 p.m.

Aug 16, 2022

Senate

Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4849.) Ordered to engrossing and enrolling.

Aug 04, 2022

Senate

In Senate. Concurrence in Assembly amendments pending.

Assembly

Read third time. Passed. (Ayes 76. Noes 0. Page 5756.) Ordered to the Senate.

Jun 30, 2022

Assembly

Read second time. Ordered to consent calendar.

Jun 29, 2022

Assembly

From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 29).

Jun 06, 2022

Assembly

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 02, 2022

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 1).

May 05, 2022

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Apr 28, 2022

Senate

Read third time. Passed. (Ayes 37. Noes 0. Page 3555.) Ordered to the Assembly.

Assembly

In Assembly. Read first time. Held at Desk.

Apr 26, 2022

Senate

Read second time. Ordered to consent calendar.

Apr 25, 2022

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

Apr 18, 2022

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Apr 14, 2022

Senate

Set for hearing April 25.

Apr 13, 2022

Senate

April 18 hearing postponed by committee.

Apr 05, 2022

Senate

Set for hearing April 18.

Mar 29, 2022

Senate

From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 3255.) (March 29). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Mar 23, 2022

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB. S.

Mar 03, 2022

Senate

Set for hearing March 29.

Feb 23, 2022

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Feb 11, 2022

Senate

From printer.

Feb 10, 2022

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Senate

Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

Bill Text

Bill Text Versions Format
SB981 HTML
02/10/22 - Introduced PDF
03/23/22 - Amended Senate PDF
04/18/22 - Amended Senate PDF
06/06/22 - Amended Assembly PDF
08/18/22 - Enrolled PDF

Related Documents

Document Format
03/25/22- Senate Public Safety PDF
04/27/22- Sen. Floor Analyses PDF
05/31/22- Assembly Public Safety PDF
06/27/22- Assembly Appropriations PDF
08/05/22- Sen. Floor Analyses PDF
10/10/22- Sen. Floor Analyses PDF

Sources

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