California 2015-2016 Regular Session Status: Passed Senate

SB 694 — New evidence: habeas corpus: motion to vacate judgment: indemnity.

Last action — August 27 hearing: Held in committee and under submission.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law allows every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, but not limited to, false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial and false physical evidence which was a material factor directly related to the plea of guilty of the person. This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. Existing law requires the California Victim Compensation and Government Claims Board to recommend an appropriation be made by the Legislature for the purpose of indemnifying a person if the evidence shows that a crime with which the person was charged was either not committed at all, or, if committed, was not committed by that person. Existing law requires that the appropriation recommended shall be a sum equivalent to $100 per day of incarceration served subsequent to the person's conviction. If a court grants a writ of habeas corpus or vacates a judgment on the basis of new evidence and finds that the new evidence points unerringly to innocence, existing law requires the board to recommend an appropriation to the Legislature pursuant to these provisions without a hearing. This bill would require the board to recommend an appropriation to the Legislature if the court finds that the person is factually innocent. The bill would make additional clarifying and technical changes.

Bill Text

Action History

  1. August 27 hearing: Held in committee and under submission.

  2. Joint Rule 62(a) suspended.

  3. August 26 set for first hearing. Placed on APPR. suspense file.

  4. August 19 hearing postponed by committee.

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  6. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  7. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 14). Re-referred to Com. on APPR.

  8. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  9. Referred to Com. on PUB. S.

  10. In Assembly. Read first time. Held at Desk.

  11. Read third time. Passed. (Ayes 23. Noes 16. Page 1212.) Ordered to the Assembly.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 5. Noes 2. Page 1159.) (May 28).

  14. Set for hearing May 28.

  15. May 4 hearing: Placed on APPR. suspense file.

  16. Set for hearing May 4.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 731.) (April 21). Re-referred to Com. on APPR.

  18. Set for hearing April 21.

  19. Referred to Com. on PUB. S.

  20. Read first time.

  21. From printer. May be acted upon on or after April 1.

  22. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Cosponsor
  • Leno · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Leno

Co-sponsors (1)

  • Anderson

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading

Passed 23 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211501
Democratic 2100
Total 231601
% of votes cast 58%40%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hertzberg — Yea
Leno — Yea
Leyva — Yea
Nielsen — Nay
Pavley — Yea
Hancock — Yea
Hernandez — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Nay
Hueso — Yea
Beall — Yea
Lara — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Pan — Yea
Wieckowski — Yea
Wolk — Yea
Runner — Nay
Huff — Nay
Morrell — Nay
Roth — Nay
Vidak — Nay
Fuller — Nay
Galgiani — Not Voting
Glazer — Nay
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Lara — Yea
Leyva — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 694 do?
Existing law allows every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, but not limited to, false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial and false physical evidence which was a material factor directly related to the plea of guilty of the person. This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. Existing law requires the California Victim Compensation and Government Claims Board to recommend an appropriation be made by the Legislature for the purpose of indemnifying a person if the evidence shows that a crime with which the person was charged was either not committed at all, or, if committed, was not committed by that person. Existing law requires that the appropriation recommended shall be a sum equivalent to $100 per day of incarceration served subsequent to the person's conviction. If a court grants a writ of habeas corpus or vacates a judgment on the basis of new evidence and finds that the new evidence points unerringly to innocence, existing law requires the board to recommend an appropriation to the Legislature pursuant to these provisions without a hearing. This bill would require the board to recommend an appropriation to the Legislature if the court finds that the person is factually innocent. The bill would make additional clarifying and technical changes.
Who sponsors SB 694?
SB 694 is sponsored by Anderson and Leno.
What is the current status of SB 694?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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 694?
Track SB 694 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 694

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 694

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →