Steve Glazer
- Democratic
- Senator
- District 7
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.
Vetoed by the Governor.
In Senate. Consideration of Governor's veto pending.
Enrolled and presented to the Governor at 12:30 p.m.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4849.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 76. Noes 0. Page 5756.) Ordered to the Senate.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 29).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 1).
Read third time. Passed. (Ayes 37. Noes 0. Page 3555.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to consent calendar.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Set for hearing April 25.
April 18 hearing postponed by committee.
Set for hearing April 18.
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.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing March 29.
From printer.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
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 Versions | Format |
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SB981 | HTML |
02/10/22 - Introduced | |
03/23/22 - Amended Senate | |
04/18/22 - Amended Senate | |
06/06/22 - Amended Assembly | |
08/18/22 - Enrolled |
Document | Format |
---|---|
03/25/22- Senate Public Safety | |
04/27/22- Sen. Floor Analyses | |
05/31/22- Assembly Public Safety | |
06/27/22- Assembly Appropriations | |
08/05/22- Sen. Floor Analyses | |
10/10/22- Sen. Floor Analyses |
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