SB 78

  • California Senate Bill
  • 2023-2024 Regular Session
  • Introduced in Senate Jan 12, 2023
  • Senate
  • Assembly
  • Governor

Criminal procedure: factual innocence.


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 the writ or motion, the district attorney is required to provide notice to the Attorney General. This bill would require that notice to be given no less than 7 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)


No votes to display


Mar 01, 2023


Set for hearing March 28.

Jan 25, 2023


Referred to Com. on PUB S.

  • Referral-Committee
Com. on PUB S.

Jan 13, 2023


From printer. May be acted upon on or after February 12.

Jan 12, 2023


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

Bill Text

Bill Text Versions Format
01/12/23 - Introduced PDF

Related Documents

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