Criminal procedure: writs of habeas corpus and motions to vacate.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill revises the standards for obtaining relief in habeas corpus claims and motions to vacate based on new evidence. It simplifies the requirements for demonstrating that new evidence could have changed the outcome of a case, making it easier to challenge wrongful convictions. The bill also clarifies the presumption in favor of granting relief and prohibits withdrawing concessions made in court, while authorizing petitioners to overcome procedural barriers with updated evidence. Additionally, it updates definitions related to exoneration and clarifies the process for obtaining identification cards for formerly incarcerated individuals.
Key provisions
- Revised standards for new evidence: Requires a ‘reasonable probability’ that new evidence would have changed the outcome, simplifying the burden of proof.
- Modified presumption of relief: Shifts the presumption in favor of granting relief to a stipulation unless proven otherwise by a preponderance of the evidence.
- Prohibition on concession withdrawal: Prevents parties from retracting concessions made in court or pleadings.
- Authorization for updated evidence: Allows petitioners to introduce changes in law or new evidence to overcome procedural bars.
- Revised exoneration definition: Removes the requirement of an ‘unerring’ writ of habeas corpus for exoneration.
- Expanded assistance for exonerated individuals: Requires the Department of Corrections and Rehabilitation to provide broader transitional services and financial assistance.
- Clarified standards for fraud evidence: Reduces the requirement for ‘false evidence’ to be material to the outcome.
Bill text
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Sponsors
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1 on record
Primary sponsor
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