Criminal procedure: writs of habeas corpus and motions to vacate.

Plain English Breakdown

The bill summary text does not provide detailed implementation steps, enforcement mechanisms, or funding for additional resources required by the changes proposed.

Changes to Habeas Corpus and Motion to Vacate Laws

This law modifies the criteria for habeas corpus petitions and motions to vacate judgments, making it easier to challenge imprisonment or seek relief from wrongful convictions based on new evidence.

What This Bill Does

• Revises the standard for false evidence in habeas corpus cases so that any reasonable likelihood of affecting the case's outcome is enough, not just material evidence.
• Updates the criteria for new evidence in habeas corpus cases to require a reasonable probability it would change the result and undermine confidence in the original verdict.
• Makes stipulations by prosecutors or the Attorney General binding unless proven otherwise with strong evidence that they violated terms or withheld information.
• Allows people seeking relief through habeas corpus to overcome procedural barriers if there are changes in law or new evidence suggesting a different outcome is likely.
• Modifies the standards for motions to vacate judgments based on newly discovered evidence, requiring proof of a reasonable probability it would change the case's result.

Who It Names or Affects

• People who have been convicted and want to challenge their imprisonment or seek relief from wrongful convictions.
• Government officials involved in criminal cases, including prosecutors and judges.
• The Department of Corrections and Rehabilitation which assists exonerated individuals.

Terms To Know

habeas corpus

A legal action where a person can challenge their imprisonment or detention by asking a court to determine if the detention is lawful.

exonerated

Declared innocent of a crime, often after new evidence proves innocence.

Limits and Unknowns

• The bill does not specify how these changes will be implemented or enforced.
• It is unclear what the exact impact on current cases and future legal proceedings will be.
• There are no details about funding for additional resources needed to handle increased caseloads.

Official Summary Text

AB 1595, as amended, Schultz.
Criminal procedure: writs of habeas corpus and motions to vacate.
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 false evidence that is material on the issue of guilt or punishment, as specified, or the discovery of new evidence that exists that is presented without substantial delay, is admissible, and that has not been previously presented and heard at trial and has been discovered after trial. Existing law creates a presumption in favor of granting relief through habeas when the district attorney in the county of the conviction or the Attorney General concedes or stipulates to a legal or factual basis for habeas relief.
This bill would revise the above-described
standards to no longer require false evidence to be material and would instead require that the evidence create any reasonable likelihood it could have affected the outcome of the case. The bill would also change the new evidence standard to instead require that there be a reasonable probability it would have produced a different result sufficient to undermine confidence in the outcome of the case. The bill would revise the presumption in favor of granting relief to instead make a stipulation binding on the parties unless the moving party proves by a preponderance of the evidence that the other party violated the terms or the state withheld evidence, as specified. The bill would also revise the process for a concession and instead prohibit a party from withdrawing a concession made in open court, or in a pleading, as specified.
The bill would additionally authorize the petitioner, in order to overcome a procedural bar to
relief based on untimeliness or successiveness, to identify changes in law or new evidence that create a reasonable probability of a different result sufficient to undermine confidence in the outcome of the case.
Existing law allows a person who is no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment on the basis of newly discovered evidence of fraud by a government official that completely undermines the prosecution’s case, is conclusive, and points unerringly to their innocence, newly discovered evidence that a government official testified falsely at trial that resulted in the conviction and that the testimony was substantially probative on the issue of guilt or punishment, or newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment.
The bill would revise the above-described standards to instead require a demonstration that there is a reasonable probability the evidence would have produced a different result sufficient to undermine confidence in the outcome of the case, as specified.
Existing law requires the Department of Corrections and Rehabilitation to assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence in accessing specified public services, including enrollment in certain programs. Existing law defines “exonerated” to include a writ of habeas corpus was granted on the basis that the evidence unerringly points to innocence, or the person’s conviction was reversed on appeal on the basis of insufficient evidence.
The bill would revise that definition to no longer include that the writ was granted on the basis that the evidence unerringly points to
innocence.
The bill would additionally require the department to provide that assistance to a person exonerated of a juvenile delinquency adjudication for which the person is serving a sentence as a result of that adjudication at the time of exoneration.
The bill would make other conforming changes.
The bill would make related findings and declarations.

Current Bill Text

Download Bill PDF