Bill Sponsor
California Senate Bill 467
Session 20212022
Expert witnesses: writ of habeas corpus.
Became Law
Became Law
Became Law on Sep 30, 2022
First Action
Feb 16, 2021
Latest Action
Sep 30, 2022
Origin Chamber
Senate
Type
Bill
Bill Number
467
State
California
Session
20212022
Sponsorship by Party
Summary
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 the basis of false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial. Existing law defines false evidence for these purposes as including the opinions of experts that have been repudiated by the expert or that have been undermined by later scientific research or technological advances. This bill would additionally allow a person to prosecute a writ of habeas corpus if a significant dispute has emerged or further developed in the petitioner's favor regarding expert medical, scientific, or forensic testimony that was introduced at trial and contributed to the conviction, such that it would have more likely than not changed the outcome at trial, as specified. The bill would also expand the definition of false evidence to include the opinions of experts that are undermined by the state of scientific knowledge. This bill would incorporate additional changes to Section 1473 of the Penal Code proposed by AB 256 to be operative only if this bill and AB 256 are enacted and this bill is enacted last.
Documents (10)
Sources
Record Created
Feb 17, 2021 12:03:11 PM
Record Updated
Nov 1, 2022 12:23:31 PM