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<ns0:Id>20250AB__159599INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-16</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Schultz</ns0:AuthorText>
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<ns0:Name>Schultz</ns0:Name>
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<ns0:Title> An act to amend Sections 1376, 1473, 1473.6, 1473.7, 1484, and 3007.05 of the Penal Code, relating to criminal procedure. </ns0:Title>
<ns0:RelatingClause>criminal procedure</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Criminal procedure: writs of habeas corpus and motions to vacate.</ns0:Subject>
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<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>The bill would make other conforming changes.</html:p>
<html:p>The bill would make related findings and declarations.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
According to the 2024 Annual Report from the Committee on Revision of the Penal Code, the Penal Code contains inconsistent and unclear standards for obtaining relief for habeas corpus claims and motions to vacate based on new evidence. The committee also recognized that courts rarely exercise their broad authority to dismiss a criminal action in the furtherance of justice when ruling on a habeas petition, and that often leads to years of unnecessary legal limbo and litigation while the district attorney reviews the case and determines whether to retry the case. The court ruling on the habeas petition typically has enough evidence before it to make a determination about whether
the action should be dismissed with prejudice.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature that courts assessing statutory habeas corpus claims and motions to vacate based on new evidence determine whether the new evidence shows there is a reasonable probability of a different result sufficient to undermine confidence in the outcome of the case. That standard is the same as the one articulated in Strickland v. Washington (1984) 466 U.S. 668 to evaluate claims of ineffective assistance of counsel, and People v. Salazar (2005) 35 Cal.4th 1031 to evaluate violations of Brady v. Maryland (1963) 373 U.S. 83.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Courts considering habeas corpus claims across California do not provide discovery after an order to show cause issues in a consistent manner.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Harmonizing the standard for evaluating these claims, clarifying when
courts should allow discovery, and establishing a clear standard to overcome rigid procedural bars that can prevent courts from adjudicating meritorious claims will help correct wrongful convictions and sentences and be a more efficient use of court and other resources.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 1376 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>1376.</ns0:Num>
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<html:p>
(a)
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As used in this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
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“Intellectual disability” means the condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before the end of the developmental period, as defined by clinical standards.
</html:p>
<html:p>
(2)
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“Manifested before the end of the developmental period” means that the deficits were present during the developmental period. It does not require a formal diagnosis of intellectual disability, or tests of intellectual functioning in the intellectual disability range, before the end of the developmental period.
</html:p>
<html:p>
(3)
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“Prima facie showing of intellectual disability” means that the defendant’s allegation of intellectual disability is based on the type of evidence typically relied on by a qualified expert in diagnosing intellectual disability, as defined in current clinical standards, or when a qualified expert provides a declaration diagnosing the defendant as a person with intellectual disability.
</html:p>
<html:p>
(4)
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“The prosecution” refers to the prosecuting agency at trial and to the respondent in a habeas corpus proceeding.
</html:p>
<html:p>
(b)
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A person with an intellectual disability is ineligible for the death penalty.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When the prosecution seeks the death penalty, the defendant may, at a reasonable time prior to the commencement of trial, apply for an order directing that a hearing to determine intellectual
disability be conducted. Upon a prima facie showing that the defendant is a person with an intellectual disability, the court shall order a hearing to determine whether the defendant is a person with an intellectual disability. At the request of the defendant, the court shall conduct the hearing without a jury prior to the commencement of the trial. The defendant’s request for a court hearing prior to trial shall constitute a waiver of a jury hearing on the issue of intellectual disability. If the defendant does not request a court hearing, the court shall order a jury hearing to determine if the defendant is a person with an intellectual disability. The jury hearing on intellectual disability shall occur at the conclusion of the phase of the trial in which the jury has found the defendant guilty with a finding that one or more of the special circumstances enumerated in Section 190.2 are true. Except as provided in paragraph (3), the same jury shall make a finding that the defendant is a person with an
intellectual disability or that the defendant does not have an intellectual disability.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of the procedures set forth in this section, the court or jury shall decide only the question of the defendant’s intellectual disability. The defendant shall present evidence in support of the claim that they are a person with an intellectual disability. The prosecution shall present its case regarding the issue of whether the defendant is a person with an intellectual disability. Each party may offer rebuttal evidence. The court, for good cause in furtherance of justice, may permit either party to reopen its case to present evidence in support of or opposition to the claim of intellectual disability. A statement made by the defendant during an examination ordered by the court shall not be admissible in the trial on the defendant’s guilt.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
At the close of evidence, the
prosecution shall make its final argument, and the defendant shall conclude with their final argument. The burden of proof shall be on the defense to prove by a preponderance of the evidence that the defendant is a person with an intellectual disability. The jury shall return a verdict that either the defendant is a person with an intellectual disability or the defendant does not have an intellectual disability. The verdict of the jury shall be unanimous. When the jury is unable to reach a unanimous verdict that the defendant is a person with an intellectual disability, and does not reach a unanimous verdict that the defendant does not have an intellectual disability, the court shall dismiss the jury and enter a finding that the defendant is ineligible for the death penalty pursuant to this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
When the hearing is conducted before the court prior to the commencement of the trial, the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the court finds that the defendant is a person with an intellectual disability, the court shall preclude the death penalty and the criminal trial thereafter shall proceed as in any other case in which a sentence of death is not sought by the prosecution. If the defendant is found guilty of murder in the first degree, with a finding that one or more of the special circumstances enumerated in Section 190.2 are true, the court shall sentence the defendant to confinement in the state prison for life without the possibility of parole. The jury shall not be informed of the prior proceedings or the findings concerning the defendant’s claim of intellectual disability unless the defendant elects to present that information at trial.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court finds that the defendant does not have an intellectual disability, the trial court shall proceed as in any other case in which a sentence
of death is sought by the prosecution. The jury shall not be informed of the prior proceedings or the findings concerning the defendant’s claim of intellectual disability.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
When the hearing is conducted before the jury after the defendant is found guilty with a finding that one or more of the special circumstances enumerated in Section 190.2 are true, the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the jury finds that the defendant is a person with an intellectual disability, the court shall preclude the death penalty and shall sentence the defendant to confinement in the state prison for life without the possibility of parole.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the jury finds that the defendant does not have an intellectual disability, the trial shall proceed as in any other case in which a sentence of death is sought by the prosecution.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
When the defendant has not requested a court hearing as provided in subdivision (c), and has entered a plea of not guilty by reason of insanity under Sections 190.4 and 1026, the hearing on intellectual disability shall occur at the conclusion of the sanity trial if the defendant is found sane.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A person in custody pursuant to a judgment of death may apply for an order directing that a hearing to determine intellectual disability be conducted as part of a petition for a writ of habeas corpus. When the claim of intellectual disability is raised in a petition for habeas corpus and a petitioner makes a prima facie showing of intellectual disability, the reviewing court shall issue an order to show cause if the petitioner has met the prima facie standard. The petitioner bears the burden of proving by a preponderance of the evidence that the petitioner is a person with an
intellectual disability. The prosecution may present its case regarding the issue of whether the petitioner is a person with an intellectual disability. Each party may offer rebuttal evidence. During an evidentiary hearing under this subdivision, an expert may testify about the contents of out-of-court statements, including documentary evidence and statements from witnesses when those types of statements are accepted by the medical community as relevant to a diagnosis of intellectual disability if the expert relied upon these statements as the basis for their opinion.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The results of a test measuring intellectual functioning shall not be changed or adjusted based on race, ethnicity, national origin, or socioeconomic status.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a court has concluded a hearing under this section is necessary, that court may order a defendant or petitioner to submit
to testing by a qualified prosecution expert only if the prosecution presents a reasonable factual basis that the intellectual functioning testing presented by the defendant or petitioner is unreliable. Any order requiring the defendant or petitioner to submit to testing by a qualified prosecution expert shall be limited to tests directly related to the determination of the defendant or petitioner’s intellectual functioning. Any such order shall also prohibit the expert from questioning the defendant or petitioner about the facts of the case, shall permit the defendant or petitioner to have their attorney nearby during the examination and to consult with their attorney during the examination if they choose, and shall, upon request by the defendant or petitioner’s counsel, require that the prosecution expert’s examination be recorded in a manner agreed upon by the parties and the court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The prosecution shall submit a proposed list of the
tests its expert wishes to administer so that the defendant or petitioner may raise any objections before testing is ordered. The Legislature finds and declares that this paragraph is declaratory of existing law.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Intellectual disability is a question of fact. The parties to a trial or habeas proceeding may stipulate that a defendant or petitioner is a person with intellectual disability as defined in clinical standards and in this section. After a prima facie showing of intellectual disability has been made, whenever the prosecution stipulates or concedes that the defendant or petitioner has an intellectual disability, the court shall accept the stipulation or concession as set forth in subdivision (g) of Section 1473. If the court declines to accept a stipulation or concession, it may not rely upon facts or factors that are unrelated or irrelevant to the factual question of whether the defendant or petitioner has an intellectual disability, and the procedure set forth in paragraph (3) of
subdivision (g) of Section 1473 shall apply.
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Section 1473 of the
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is amended to read:
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<html:p>
(a)
<html:span class="EnSpace"/>
A person unlawfully imprisoned or restrained of their liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
False evidence on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to the person’s
incarceration and created any reasonable likelihood it could have affected the outcome of the case.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subdivision, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by the state of scientific knowledge or later scientific research or technological advances.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
False physical evidence, believed by a person to be factual or probative on the issue of guilt, which was
known by the person at the time of entering a plea of guilty, and which was a material factor directly related to the plea of guilty by the person.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
New evidence exists and there is a reasonable probability it would have produced a different result sufficient to undermine confidence in the outcome of the case.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, “new evidence” means evidence that has not previously been
presented and heard at trial and has been discovered after trial.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A significant dispute
exists in the petitioner’s favor regarding expert medical, scientific, or forensic testimony that was introduced at trial or a hearing and there is a reasonable probability that the expert testimony affected the outcome of the case.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, the expert medical, scientific, or forensic testimony includes the expert’s conclusion or the scientific, forensic, or medical facts upon which their opinion is based.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this section, the significant dispute may be as to the reliability or validity of the diagnosis,
technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Under this section, a significant dispute can be established by qualified expert testimony or declaration, or by peer reviewed literature showing that experts in the relevant medical, scientific, or forensic community, substantial in number or expertise, have concluded that developments have occurred that undermine the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
In assessing whether a dispute is significant, the court shall
give great weight to evidence that a consensus has developed in the relevant medical, scientific, or forensic community undermining the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony or that there is a lack of consensus as to the reliability or validity of the diagnosis, technique, methods, theories, research, or studies upon which a medical, scientific, or forensic expert based their testimony.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The significant dispute shall exist within the relevant medical, scientific, or forensic community, which includes the scientific community and all fields of scientific knowledge on which those fields or
disciplines rely and shall not be limited to practitioners or proponents of a particular scientific or technical field or discipline.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
If the petitioner makes a prima facie showing that they are entitled to relief, the court shall issue an order to show cause why relief shall not be granted. To obtain relief, all the elements of this subparagraph shall be established by a preponderance of the evidence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any allegation that the prosecution knew or should have known of the false nature of the evidence is unnecessary for the prosecution of a writ of habeas corpus brought under subparagraph (A) or (B) of paragraph (1). If, however, the prosecution knew or should have known of the false nature of the evidence and failed to correct it at trial, the burden shall shift to the respondent to demonstrate that there is no likelihood that the false evidence impacted the verdict.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not create additional liabilities, beyond those already recognized, for an expert who repudiates the original opinion provided at a hearing or trial or whose opinion has been undermined by scientific research, technological advancements, or because of a reasonable dispute within the expert’s relevant scientific community as to the validity of the methods, theories, research, or studies upon which the expert based their opinion.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In order to overcome a procedural bar to relief based on untimeliness or successiveness in a habeas petition, the petitioner shall establish that the allegations in the petition, taken as true, combined with any other evidence now before the court, create a reasonable probability of a different result sufficient to undermine confidence in the outcome of the case.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, a writ of habeas corpus may also be prosecuted after judgment has been entered based on evidence that a criminal conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745, if that section applies based on the date of
judgment as provided in subdivision (j) of Section 745.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any and all definitions and legal thresholds specified in Section 745 are controlling for purposes of claims alleging a violation of subdivision (a) of Section 745 contained within a habeas petition filed under this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A petitioner, or their counsel, may file a motion for relevant evidence under subdivision (d) of Section 745 upon the prosecution of a petition under this subdivision, or in preparation to file a petition.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A petition raising a claim of this nature for the first time, or on the basis of new discovery provided by the state or other new evidence that could not have been previously known by the petitioner with due diligence, shall not be deemed a successive or abusive petition.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the petitioner has a habeas corpus petition pending in state court, but it has not yet been decided, the petitioner may amend the existing petition with a claim that the petitioner’s conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The petition shall state if the petitioner requests appointment of counsel and the court shall appoint counsel if the petitioner cannot afford counsel and either the petition pleads a plausible allegation of a violation of subdivision (a) of Section 745 or the State Public Defender requests counsel be appointed. Newly appointed counsel may amend a petition filed before their appointment.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the defendant is represented by an attorney and the petition alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, based in whole or in part on the conduct of
one or more law enforcement officers, the attorney shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The court shall review a petition raising a claim pursuant to Section 745 and shall determine if the petitioner has made a prima facie showing. A prima facie determination shall be based on the petitioner’s showing and the record. The court may request an informal response from the state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the petitioner makes a prima facie showing, the court shall issue an order to show cause why relief shall not be granted and hold an evidentiary hearing, unless the state declines to show cause. The defendant may appear remotely, and the court may conduct the hearing through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court determines that the petitioner has not established a prima facie showing, the court shall state the factual and legal basis for its conclusion on the record or issue a written order detailing the factual and legal basis for its conclusion.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
If the court finds a violation of subdivision (a), the court shall impose one or more of the applicable remedies as outlined in subdivision (e) of Section 745.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the court holds an evidentiary hearing and the petitioner is incarcerated in state prison, the petitioner may choose not to appear for the hearing with a signed or oral waiver on record, or they may appear remotely through the use of remote technology, unless counsel indicates that the defendant’s presence in court is needed.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, if the district attorney in the county of conviction or the Attorney General concedes
to a factual basis for habeas relief, that concession is binding on the parties. A concession in open court, or in a pleading, including an informal response or a return to an order to show cause, cannot be withdrawn.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the district attorney or Attorney General stipulates to a factual or legal basis for habeas relief, that stipulation is binding on the parties. A stipulation may be withdrawn only if the moving party proves by a preponderance of the evidence that the other party violated the stipulation’s terms or that the state withheld evidence that reasonably could have affected the petitioner’s decision to enter into the stipulation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court
shall grant relief based on a concession or stipulation unless doing so would be contrary to law. If the court rejects a concession or stipulation, it shall issue a written order explaining its legal and factual basis, and that order is appealable.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If after the court grants postconviction relief under this section and the prosecuting agency elects to retry the petitioner, the petitioner’s postconviction counsel may be appointed as counsel or cocounsel to represent the petitioner on the retrial if both of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The petitioner and postconviction counsel both agree for postconviction counsel to be appointed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Postconviction counsel is qualified to handle trials.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Counsel shall be paid under the applicable pay scale for appointed counsel. Otherwise, the court shall appoint other appropriate counsel.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_FE33828B-9501-4CDC-B105-79405EBA60BC">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 1473.6 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_CC7630E7-5CB6-463C-B553-453BDA40B9C4">
<ns0:Num>1473.6.</ns0:Num>
<ns0:LawSectionVersion id="id_CA340D26-4F64-48DA-9F01-740AE7C4F70D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person no longer unlawfully imprisoned or restrained may prosecute a motion to vacate a judgment for any of the following reasons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
New evidence of fraud by a government official that
demonstrates a reasonable probability it would have produced a different result sufficient to undermine confidence in the outcome of the case.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
New evidence that a government official testified falsely at the trial that resulted in the conviction and that there is a reasonable probability the testimony of the government official would have produced a different result sufficient to undermine confidence in the outcome of the case.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
New evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that resulted in the conviction and that there is a reasonable probability the testimony of the government official would have produced a different result sufficient to undermine confidence in the outcome of the case.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section,
“new evidence” is evidence that has not previously been presented and heard at trial, and has been discovered after trial.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The procedure for bringing and adjudicating a motion under this section, including the burden of producing evidence and the burden of proof, shall be the same as for prosecuting a writ of habeas corpus.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A motion pursuant to this section shall be filed within
one year of the later of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The date the moving party discovered additional evidence of the misconduct or fraud by a government official beyond the moving party’s personal knowledge.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The effective date of this section or any relevant amendments thereto.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_E4EBEBAE-8ADB-4D44-9621-18F90AD58D65">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 1473.7 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9500E7D0-0BEF-41CA-812E-64EA3E45829E">
<ns0:Num>1473.7.</ns0:Num>
<ns0:LawSectionVersion id="id_6FD9A69F-5F12-4611-A478-C4665BA40D81">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. A finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
New evidence exists that demonstrates a reasonable probability it would have produced a different result sufficient to undermine confidence in the outcome of the case.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin in violation of subdivision (a) of Section 745.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the motion alleges a violation of paragraph (1) or (2) of subdivision (a) of Section 745, based in whole or in part on the conduct of one or more law enforcement officers, the person shall serve a copy of the motion on the law enforcement agency or agencies that employed the officer or officers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a motion
pursuant to paragraph (1) of subdivision (a) shall be deemed timely filed at any time in which the individual filing the motion is no longer in criminal custody.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A motion pursuant to paragraph (1) of subdivision (a) may be deemed untimely filed if it was not filed with reasonable diligence after the later of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The moving party receives a notice to appear in immigration court or other notice from immigration authorities that asserts the conviction or sentence as a basis for removal or the denial of an application for an immigration benefit, lawful status, or naturalization.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notice that a final removal order has been issued against the moving party, based on the existence of the conviction or sentence that the moving party seeks to vacate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A motion pursuant to paragraph (2) or (3) of subdivision (a) shall be filed without undue delay from the date the moving party discovered, or could have discovered with the exercise of due diligence, the evidence that provides a basis for relief under this section or Section 745.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
All motions shall be entitled to a hearing. Upon the request of the moving party, the court may hold the hearing without the personal presence of the moving party provided that it finds good cause as to why the moving party cannot be present. If the prosecution has no objection to the motion, the court may grant the motion to vacate the conviction or sentence without a hearing.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In preparation for the filing of a motion pursuant to paragraph (3) of subdivision (a), the defendant may file a motion to obtain discovery as outlined in subdivision (d) of Section 745.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
When ruling on the motion:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The court shall grant the motion to vacate the conviction or sentence if the moving party establishes, by a preponderance of the evidence, the existence of any of the grounds for relief specified in subdivision (a). For a motion made pursuant to paragraph (1) of subdivision (a), the moving party shall also establish that the conviction or sentence being challenged is currently causing or has the potential to cause removal or the denial of an application for an immigration benefit, lawful status, or naturalization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
There is a presumption of legal invalidity for the purposes of paragraph (1) of subdivision (a) if the moving party pleaded guilty or nolo contendere pursuant to a statute that provided that, upon completion of specific requirements, the arrest and conviction shall be
deemed never to have occurred, where the moving party complied with these requirements, and where the disposition under the statute has been, or potentially could be, used as a basis for adverse immigration consequences.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court grants the motion to vacate a conviction or sentence obtained through a plea of guilty or nolo contendere, the court shall allow the moving party to withdraw the plea.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
When ruling on a motion under paragraph (1) of subdivision (a), the only finding that the court is required to make is whether the conviction is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. When ruling on a motion under paragraph (2) of subdivision (a), the court shall specify the basis for its
conclusion.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the court grants a motion made pursuant to paragraph (3) of subdivision (a), the court shall impose one or more of the applicable remedies as outlined in subdivision (e) of Section 745.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An order granting or denying the motion is appealable under subdivision (b) of Section 1237 as an order after judgment affecting the substantial rights of a party.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A court may only issue a specific finding of ineffective assistance of counsel as a result of a motion brought under paragraph (1) of subdivision (a) if the attorney found to be ineffective was given timely advance notice of the motion hearing by the moving party or the prosecutor, pursuant to Section 416.90 of the Code of Civil Procedure.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_BCF180C6-8062-4C2F-A7DA-61B8C4E86DFE">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 1484 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1C38BED2-894C-44C9-B136-F648B8C41458">
<ns0:Num>1484.</ns0:Num>
<ns0:LawSectionVersion id="id_34980C85-B6F7-4823-84D3-67A16A280DEC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The party brought before the court or judge, on the filing of the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that
their
imprisonment or detention is unlawful, or that they are entitled to discharge.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
On the filing of the return of the writ, the court or judge has full power and authority to require and compel production of discovery for good cause or the attendance of witnesses, by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing
and determination of the case.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
After the return and denial are filed and formal briefing is complete, the court or judge shall thereupon proceed in a summary way to hear such proof as may be produced for or against imprisonment or detention. The court has broad authority to fashion appropriate relief if granting relief from a habeas petition. A court, in exercising its discretion pursuant to Section 1385, may dismiss the pending action with or without prejudice.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_2032A507-2800-49B2-829A-BA01C9B73261">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 3007.05 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F75FCD8C-7142-41ED-A084-956D72DC46EC">
<ns0:Num>3007.05.</ns0:Num>
<ns0:LawSectionVersion id="id_0F7EBD44-8849-423E-89B0-735DE6E4BBBE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that an eligible incarcerated person, as defined under subdivision (b), released from a state prison has a valid identification card, issued pursuant to Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To the extent administratively feasible and within available resources, the Department of Corrections and Rehabilitation shall facilitate the process between the
incarcerated person and the agencies holding documentation required for an incarcerated person identified under subdivision (b) to obtain a California identification card, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “eligible incarcerated person”
means an
incarcerated person who is applying for an original or replacement identification card and meets all of the requirements described under subdivision (c) or (d).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The incarcerated person has previously held a California driver’s license or identification card.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The incarcerated person has a usable photo on file with the Department of Motor Vehicles.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the photo is deemed unusable, the
incarcerated person shall have a new photo taken.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The incarcerated person has provided, and the Department of Motor Vehicles has verified, all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The incarcerated person’s true full name.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The
incarcerated person’s date of birth.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The
incarcerated person’s social security number.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The incarcerated person’s legal presence in the United States or, upon implementation of paragraph (2) of subdivision (a) of Section 12801.9 of the Vehicle Code, if the incarcerated person is unable to submit satisfactory proof that their presence in the United States is authorized under federal law, the
incarcerated person
has provided proof of their identity pursuant to Section 12801.9 of the Vehicle Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
California residency.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The incarcerated person has not previously held a California driver’s license or identification card.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The incarcerated person has signed and verified their application for an identification card under the penalty of perjury.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The
incarcerated person has a usable photo taken.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The incarcerated person has provided a legible print of their thumb or finger.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The incarcerated person has provided acceptable proof of the information described under subparagraphs (A) to (E), inclusive, of paragraph (3) of subdivision (c), and that information is subject to verification by the Department of Motor Vehicles.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The
fee for an original or replacement identification card issued to an eligible
incarcerated person pursuant to this section shall be consistent with the fee set forth under subdivision (h) of Section 14902 of the Vehicle Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation and Department of Motor Vehicles may provide a renewed driver’s license in lieu of an identification card if the incarcerated person meets the eligibility criteria specified in Section 12814.5 of the Vehicle Code and is otherwise eligible for the issuance of a driver’s license. An incarcerated person
receiving a driver’s license shall be responsible for paying the difference between the cost of the driver’s license and the reduced fee for a California identification card.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall apply to an incarcerated person whose driving privilege was valid within the prior 10 years.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nothing in this section shall be interpreted as removing the examination discretion of the Department of Motor Vehicles under Section 12814 of the Vehicle Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a valid California identification card is not obtained before release, the Department of Corrections and Rehabilitation shall provide the
incarcerated person with a photo prison identification card. It is the intent of the Legislature that as many incarcerated persons as possible be provided with a valid California identification card or driver’s license.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation shall assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence at the time of exoneration with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Transitional services, including housing assistance, job training, and mental health services, as applicable. The services shall be offered within the first week of an individual’s exoneration and again
within the first 30 days of exoneration. Services shall be provided for a period of not less than six months and not more than one year from the date of release unless the exonerated person qualifies for services beyond one year under existing law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Enrollment in the Medi-Cal program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Enrollment in the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Exonerated persons who are ineligible for CalFresh benefits pursuant to the federal Supplemental Nutrition Assistance Program limitation specified in Section 2015(o) of Title 7 of the United States Code shall be
given priority for receipt of the 15-percent exemption specified in Section 2015(o)(6) of Title 7 of the United States Code. The State Department of Social Services shall issue guidance to counties regarding that requirement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Referral to the Employment Development Department and applicable regional planning units for workforce services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Enrollment in the federal Supplemental Security Income benefits program pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to any other payment to which the person is entitled to by law, a person who is
exonerated shall be paid the sum of one thousand dollars ($1,000) upon release, from funds to be made available upon appropriation by the Legislature for this purpose.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of five thousand dollars ($5,000) upon release, to be used for housing, including, but not limited to, hotel costs, mortgage expenses, a downpayment, security deposit, or any payment necessary to secure and maintain rental housing or other housing accommodations. The exonerated person shall also be entitled to receive direct payment or reimbursement for reasonable housing costs for a period of not more than four years following release from custody. The Department of Corrections and Rehabilitation shall disburse payments or reimbursements pursuant to this paragraph from funds to be made available upon appropriation by the Legislature for this
purpose.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
As used in paragraph (2), the term “reasonable housing costs” means all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For hotel costs, the cost of lodging, not to exceed 25 percent above the federal General Services Administration’s per diem lodging reimbursement rate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For payments necessary to secure and maintain rental housing, both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The actual cost of any security deposits necessary to secure a rental housing unit.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The cost of rent, not to exceed 25 percent above the fair market value as defined by the United States Department of Housing and Urban Development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For mortgage expenses, the cost of
mortgage payments, not to exceed 25 percent above the Federal Housing Administration’s area loan limits.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For the purposes of this section, “exonerated” means the person has been convicted and subsequently one of the following occurred:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A writ of habeas corpus
concerning the person was granted pursuant to Section 1473, either resulting in dismissal of the criminal charges for which the person was incarcerated or following a determination that the person is entitled to release on the person’s own recognizance, or to bail, pending retrial or pending appeal, or the person’s conviction was reversed on appeal on the basis of insufficient evidence.
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(2)
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The person was given an absolute pardon by the Governor on the basis that the
person was innocent.
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