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 several bases, including on the basis of the discovery of new evidence discovered after trial that could not have been discovered prior to trial by the exercise of due diligence. This bill would allow for prosecution of a writ of habeas corpus to be prosecuted on the additional bases of the discovery of new evidence that has not been previously presented and heard at trial and has been discovered after trial. The bill would allow a petitioner who is incarcerated in state prison to not appear at an evidentiary hearing if there is a waiver of the right to appear on record, or to appear through the use of remote technology unless counsel indicates that the defendant's presence is needed. The bill would require a presumption in favor of granting relief in a habeas petition if the district attorney or the Attorney General concede or stipulate to a factual or legal basis for the relief. The bill would allow, if after granting postconviction relief the prosecuting agency retries the petitioner, the petitioner's postconviction counsel to be appointed as counsel to represent the petitioner on the retrial, if certain requirements are met.
Chaptered by Secretary of State. Chapter 381, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2802.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 77. Noes 0. Page 3396.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1).
Read second time and amended. Ordered to second reading.
August 23 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 27). 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 37. Noes 0. Page 1277.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1160.) (May 18).
Set for hearing May 18.
April 10 hearing: Placed on APPR suspense file.
Set for hearing April 10.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 578.) (March 28). 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 28.
From printer. May be acted upon on or after February 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB97 | HTML |
| 01/18/23 - Introduced | |
| 03/15/23 - Amended Senate | |
| 05/18/23 - Amended Senate | |
| 06/20/23 - Amended Assembly | |
| 09/01/23 - Amended Assembly | |
| 09/06/23 - Amended Assembly | |
| 09/18/23 - Enrolled | |
| 10/07/23 - Chaptered |
| Document | Format |
|---|---|
| 03/24/23- Senate Public Safety | |
| 04/07/23- Senate Appropriations | |
| 05/18/23- Senate Appropriations | |
| 05/23/23- Sen. Floor Analyses | |
| 06/26/23- Assembly Public Safety | |
| 08/21/23- Assembly Appropriations | |
| 09/05/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/07/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/14/23- Sen. Floor Analyses |
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