SB 1372 — Justice for Murder Victims Act of 2012.

1 sponsors · 0 co-sponsors · 121 not signed on

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Frequently asked questions

What does SB 1372 do?

(1) Existing law establishes the California Habeas Corpus Resource Center in the judicial branch of state government and authorizes it to employ up to 34 attorneys who may be appointed by the Supreme Court to represent any person convicted and sentenced to death in this state, who is without counsel, and who is determined by a court to be indigent, for the purposes of instituting and prosecuting postconviction actions in state and federal courts, challenging the legality of the judgment or sentence imposed against that person, and preparing petitions for executive clemency. Among other things, existing law requires the center to establish and periodically update a roster of attorneys qualified as counsel in postconviction proceedings in capital cases. Existing law requires the Supreme Court to offer to appoint counsel to represent all state prisoners subject to a capital sentence for state postconviction proceedings and enter an order to appoint one or more counsel to represent the prisoner in postconviction state proceedings upon a finding that the prisoner is indigent or unable to completely decide whether to accept or reject that offer. Existing law grants the center the power to provide legal or other advice or, to the extent not otherwise available, any other assistance to the appointed counsel in postconviction proceedings as is appropriate. This bill would provide that the superior court which imposed the death sentence shall offer to appoint counsel to represent state prisoners subject to a capital sentence for purposes of state postconviction proceedings, and would require the superior court to appoint one or more counsel to represent the prisoner in a state habeas corpus proceeding. The bill would provide that the center shall annually recommend attorneys to the Supreme Court for inclusion in a roster of attorneys qualified as counsel in postconviction proceedings in capital cases, provided that the final determination of whether to include an attorney in a roster shall be made by the Supreme Court and not delegated to the center. This bill would remove the power of the center to provide assistance other than legal or other advice. The bill would provide that the center may only represent a person sentenced to death on one federal habeas corpus petition, and only if certain requirements are met, as specified. The bill would require that every attorney or organization receiving appointments or a contract to represent indigent defendants in criminal cases in the superior court accept appointments if qualified to do so as a condition of receiving the appointments or contract, as provided. (2) Existing law requires that the executive director of the California Habeas Corpus Resource Center be chosen by a 5-member board of directors and confirmed by the Senate, as provided. This bill would eliminate the provisions regarding the 5-member board of directors and instead require the executive director to be appointed by the Supreme Court. The bill would provide that the executive director shall receive the salary that is specified in existing law for the State Public Defender and would require all other attorneys employed by the center to be compensated at the same level as comparable positions in the office of the State Public Defender. (3) Existing law requires the Judicial Counsel and the Supreme Court to adopt binding and mandatory competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings. This bill would require the Judicial Counsel and the Supreme Court, in establishing the standards, to consider the qualifications needed to achieve competent representation and would provide that experience requirements shall not be limited to defense experience. If the standards promulgated include the completion of approved training, the bill would require that the entity providing the training make the training available to any member of the State Bar who is not currently a prosecutor, and make a copy of all written materials and any audio or video recordings available to the State Law Library. The bill would require the Judicial Council to reconsider its rule regarding the minimum qualifications for attorneys appointed by the Supreme Court in death penalty appeals and habeas corpus proceedings related to sentences of death and to promulgate an amendment to that rule within 6 months. (4) Existing law requires the California Habeas Corpus Resource Center to report annually to the Legislature, the Governor, and the Supreme Court on the status of appointment of counsel for indigent persons in postconviction capital cases, and on the operations of the center. This bill would require the report to list all cases in which the center is providing representation. For each case that has been pending for more than one year in any court, the bill would require the report to state the reason for the delay and actions the center is taking to bring the case to completion. The bill would require the report to be made permanently available on the center's Internet Web site or by another medium providing equal or better access to the public. (5) Existing law requires the record on appeal to be expeditiously certified in 2 stages, first for completeness and 2nd for accuracy, in any case in which the death sentence has been imposed. Existing law requires the clerk of the superior court to provide trial counsel copies of the clerk's transcript within 30 days of the imposition of the death sentence. Existing law requires trial counsel to alert the court's attention to any errors in the transcripts incidentally discovered by counsel while reviewing them in the normal course of trial preparation. Existing law requires the trial court to certify the record for completeness and for incorporation of all corrections no later than 90 days after entry of the imposition of the death sentence unless good cause is shown, except that existing law provides this time period may be extended if the trial transcript exceeds 10,000 pages. Existing law requires the trial court to hold one or more hearings for trial counsel to address the completeness of the record and any outstanding errors that have come to their attention and to certify that they have reviewed all docket sheets to ensure that the record contains transcripts for any proceedings, hearings, or discussions that are required to be reported. Existing law requires the trial court to certify the record for accuracy no later than 120 days after the record has been delivered to appellate counsel, except that existing law provides that this time may be extended, as provided. This bill would delete the requirement that the record be certified in 2 stages for completeness and accuracy. The bill would require the superior court to provide trial counsel with copies of the clerk's transcript, the reporter's transcript, and a comprehensive journal of proceedings, as provided. The bill would require trial counsel to undertake to identify and promptly alert the court's attention to any errors in the transcript of proceedings and to provide a list of any proposed corrections to the reporter's transcript. The bill would remove the exception to the 90-day certification requirement for proceedings in which the trial transcript exceeds 10,000 pages. The bill would require the clerk of the trial court to deliver a copy of the record on appeal to the Attorney General. The bill would provide that no additional motion for correcting the record may be entertained after the record is certified, except that either party may file in the Supreme Court a motion for referral to the trial court for correction of a material error in the record, as provided. The bill would require the Supreme Court to rule on the motion not later than 21 days after it is filed. The bill would specify certain rights that the victim in a capital crime shall have, including the right not to be excluded from public court proceedings, the right to a prompt completion of all postconviction proceedings, the right to be treated with fairness and respect, and the right to notice of certain hearings, among others, as specified. The bill would specify that a prompt completion of postconviction proceedings is completion within 3 years from the date of judgment in a typical capital case, with exceptions, as provided. The bill would specify how the capital crime victim may assert his or her rights. (6) Existing law authorizes the Supreme Court to appoint counsel other than the State Public Defender in cases where a judgment of death has been rendered. This bill would instead prohibit the State Public Defender from being appointed in a noncapital case at any time when there is a backlog of capital cases awaiting appointment of more than 3 months and the State Public Defender is unable to take all of the cases for which the State Public Defender would otherwise be appointed. The bill would require the clerk of the court appointing counsel to notify the State Public Defender of a case promptly upon docketing, and would require the State Public Defender to notify the court if the office is unable to represent the appellant within 30 days. The bill would require the court to promptly issue an order appointing the State Public Defender as counsel for the appellant if notice is not received within the 30 days. The bill would require any attorney who is qualified for appointment in capital appeals to agree to accept any appointments as a condition of remaining on the list of attorneys for appointment by a court of appeals in noncapital cases, as provided. (7) Existing law provides that when counsel other than the public defender has been appointed by the Supreme Court or by a court of appeal to represent a party to any appeal or proceeding the counsel shall receive a reasonable sum for compensation and necessary expenses, as provided. This bill would provide that in capital appeals the Supreme Court may pay a bonus of up to 15% of the compensation if counsel has filed all pleadings within the time limits specified in the rules of court without extensions, and may reduce compensation up to 15% if counsel fails to file pleadings on time or requires excessive extensions of time. (8) Existing law authorizes the conditional examination of material witnesses for the defendant or the people when the witness is about to leave the state, is so sick or infirm that he or she will be unable to attend the trial, or is a person 65 years of age or older, or a dependent adult, or when there is evidence that the life of the witness is in jeopardy. Existing law states that the provisions of law regarding conditional examination apply in all cases other than those for which the punishment may be death. This bill would remove the limitation in cases for which the punishment may be death in regard to having witnesses examined conditionally. (9) Existing law provides that every person unlawfully imprisoned or restrained of liberty may prosecute a writ of habeas corpus to inquire into the cause of the imprisonment or restraint. Existing law requires that the person upon whom the writ is served to file a return. Existing law requires that if the party is held under illegal restraint or custody, he or she must be discharged, and if not, he or she must be restored to the care or custody of the person entitled thereto. Existing law provides that an appeal may be taken from a final order of a superior court upon the return of a writ of habeas corpus discharging the defendant to the court of appeal in all criminal cases, except that existing law requires the appeal to be to the Supreme Court in cases where judgment of death has been rendered. This bill would provide the exclusive procedure for collateral attack on a judgment of death. The bill would require any petition for writ of habeas corpus filed by a person in custody pursuant to a judgment of death to be filed in, or transferred to, the court that imposed the sentence unless good cause is shown for the petition to be heard by another court. The bill would require that the prisoner be offered counsel, and that either party may appeal the decision on the petition to the Supreme Court. The bill would prohibit a successive petition to be used as a means of reviewing a denial of habeas relief. The bill would require the initial petition to be filed within one year of appointing counsel or of the defendant's rejecting of counsel, unless the court finds, by a preponderance of all available evidence that the defendant is actually innocent of the crime. The bill would require that a successive petition claiming innocence to disclose all material information relating to guilt in possession of the petitioner. The bill would provide that counsel shall not raise frivolous issues. (10) Existing law requires, on a prosecution of a postconviction writ of habeas corpus or motion to vacate a judgment in a case in which a sentence of death or of life in prison without the possibility of parole has been imposed, that the court order the defendant challenging the judgment to be provided reasonable access to any discovery materials in the possession of the prosecution and law enforcement to which the defendant would have been entitled to at the time of trial. This bill would revise and recast this provision to require that upon the appointment of counsel or upon the filing of a postconviction writ of habeas corpus or a motion to vacate a judgment in a case in which a sentence of death or life in prison without the possibility of parole has been imposed, the court which made the appointment or in which the proceeding is pending may order that the defendant challenging the judgment to be provided reasonable access to any discovery materials in the current possession of the prosecution and law enforcement authorities that the defendant actually received prior to or during trial. The bill would state that these provisions do not relieve the prosecution of any ethical obligation to inform the appropriate authority of information that casts doubt upon the correctness of the judgment and conviction. The bill would require that, in any postconviction proceeding in which the court requests any pleading in response to a claim alleging that a defendant was denied his or her right to effective assistance of counsel, that the respondent is entitled to discovery of the defendant's records relevant to the claim of ineffective assistance of counsel, and would provide that an attorney-client privilege of confidential communications would not prevent disclosure of communications relevant to the issue of ineffective assistance of counsel. The bill would provide that no work product privilege exists if the work product is relevant to an issue of ineffective assistance of counsel, but would allow the holder of a privilege to request an in-camera hearing to determine whether the defendant's records are subject to discovery. (11) Existing law requires a judgment of death to be executed within the walls of the California State Prison at San Quentin. This bill would instead require the judgment of death to be executed within the walls of a state prison to be determined by the Secretary of the Department of Corrections and Rehabilitation. The bill would provide that this determination, and any standards, procedures, or regulations promulgated by the department in regard to the administration of the penalty of death, would not be subject to review by the Office of Administrative Law, as provided. This bill would declare that it is to take effect immediately as an urgency statute.

Who sponsors SB 1372?

SB 1372 is sponsored by Runner.

What is the current status of SB 1372?

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track SB 1372?

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