SB 97
(Amends California’s law relating to petitions for writ of habeas corpus)
An act to amend Section 1473 of the Penal Code, relating to criminal procedure.
On October 7, 2023, Governor Gavin Newsom signed SB 97 . SB 97 was authored by Senator Scott Weiner and amends California’s law relating to petitions for writ of habeas corpus. While California’s legislature has made great efforts to strengthen laws to ensure justice for the innocent, technical requirements, superfluous language and narrow interpretations of these laws have resulted in delayed justice. SB 97 removed this superfluous language and eliminated some of these difficult requirements, bringing California’s new evidence standard into conformity with other widely recognized and more easily interpreted standards.
SB 78
(Ensures the two processes in California for the wrongfully convicted to seek compensation are aligned)
An act to amend Sections 851.865, 1485.5, 1485.55, 4902, and 4904 of the Penal Code, relating to criminal procedure.
On October 10, 2023, Governor Newsom signed SB 78 . In 2021, SB 446 created a fairer compensation process by shifting the burden of proof from the wrongfully convicted person to the Attorney General in proceedings before the CalVCB. However, SB 446 did not shift that burden to the District Attorney’s office, the party of interest for the state, if a wrongfully convicted person instead chose to pursue a finding of factual innocence for purposes of compensation through the court. SB 78 shifts the burden to the District Attorney in these proceedings who must then prove by clear and convincing evidence that the wrongfully convicted is not entitled to compensation.
SB 467
(Expands opportunities to challenge unreliable forensic evidence)
An act to amend Section 1473 of the Penal Code, relating to criminal procedure.
On September 30, 2022, NCIP co-sponsored SB 467 became law. Authored by Senator Scott Weiner, SB 467 articulates the definition of false testimony to ensure that anyone wrongfully convicted of a crime due to faulty and/or unreliable scientific evidence may seek post-conviction relief. SB 467 also establishes a path for the innocent to prove their wrongful conviction when it was based on expert opinions relying on flawed scientific research or outdated technology that is now unreliable or about which a reasonable scientific dispute has emerged regarding its validity. For resources related to litigating forensics, science, or medical cases, click here.
AB 2644
(Prohibits law enforcement from using deceptive interrogation tactics on youth)
An act to amend Section 627 of, and to add Section 625.7 to, the Welfare and Institutions Code, relating to custodial interrogations.
On September 13, 2022, Governor Newsom signed NCIP-supported AB 2644. Authored by Assemblymember Chris Holden, AB 2644 prohibits law enforcement from using threats, physical harm, deception, or psychologically manipulative tactics during an interrogation of persons 17 years or younger. These tactics have been scrutinized and criticized by experts in social science and factions of the law enforcement community as they increase the risk of obtaining false confessions and wrongful convictions.
SB 446
(Reforms process for compensation claims)
An act to amend Sections 1485.5, 1485.55, 4900, 4902, 4903, and 4904 of the Penal Code, relating to criminal procedure.
On October 4, 2021, Governor Newsom signed NCIP co-sponsored SB 446. Co-authored by Senators Glazer and Becker, SB 446 makes the compensation process a more fair and equitable process by shifting the burden of proof from the wrongfully convicted person to the Attorney General in compensation proceedings. Though nothing can give back the years stolen from them, this improvement of the current system will help ensure the wrongfully convicted are given a fair chance to rebuild their lives.
SB 269
(Extends time period for compensation claims)
An act to amend Sections 1485.55, 4901, and 4903 of the Penal Code, relating to criminal procedure.
On October 2, 2019, Governor Newsom signed NCIP co-sponsored SB 269. Co-authored by Senators Bradford, Glazer, Monning, Roth, and Weiner, SB 269 makes the compensation process more efficient, consistent and just for all exonerees. Specifically, SB 269 extends the statute of limitations upon which a person can bring a compensation claim from two years to ten years after judgement of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later.
SB 651
(Expands access to post-conviction discovery)
An act to amend Section 1054.9 of the Penal Code, relating to discovery.
On October 2, 2019, Governor Newsom signed NCIP co-sponsored SB 651. Authored by Senator Glazer, SB 651 improves upon AB 1987, an NCIP co-sponsored bill that extended the right to post-conviction discovery to a larger number of convicted inmates. A last minute amendment to AB 1987 made the law only applicable to individuals convicted from January 1, 2019 forward, lessening the impact of the legislation which was to benefit those currently convicted and in post-conviction proceedings. SB 651 ensures the right to post-conviction discovery is available to people currently incarcerated.
SB 923
(Mandates law enforcement’s use of eyewitness identification best practices)
An act to add Section 859.7 to the Penal Code, relating to criminal procedure.
On September 30, 2018 Governor Brown signed NCIP co-sponsored SB 923 into law marking a huge step forward in eyewitness identification reform in California and capping a years-long effort by many to get legislation passed in California. Authored by Senator Scott Weiner, SB 923 mandates statewide use of best practices by law enforcement when conducting photo and live lineups. Law enforcement’s compliance with these widely accepted best practices improves the reliability of eyewitness identifications, while their failure to use these practices increases the risk of misidentification and a wrongful conviction. The new law will take effect on January 1, 2020, allowing law enforcement agencies across the state time to train personnel in eyewitness identification best practice procedures.
AB 1987
(Provides more reasonable and timely access to discovery materials post-conviction)
An act to amend Section 1054.9 of the Penal Code, relating to discovery.
On September 18, 2018, Governor Brown signed NCIP co-sponsored AB 1987 which provides more reasonable and timely access to discovery materials post-conviction. Authored by Assemblymember Tom Lackey, the bill also requires trial counsel to retain a copy of a client’s files for the term of imprisonment where a person is convicted of a serious or violent felony resulting in a sentence of 15 years or more. Lack of access to discovery, because a case file has been destroyed or because we are not permitted to access the state’s file, is one of the biggest hurdles NCIP faces in case investigation. AB 1987 allows us to find and pursue cases of innocence faster, avoiding the waste of years and resources.
SB 336
(Makes re-entry services available to a wider group of exonerees)
An act to amend Section 3007.05 of the Penal Code, relating to inmates.
On October 12, 2017, Governor Brown signed SB 336. Authored by Senator Joel Anderson, SB 336 expands the eligibility of wrongfully convicted individuals to receive transitional services after their release from prison. SB 336 was an amendment to Obie’s law, passed in 2015 (named after NCIP exoneree Obie Anthony), which, for the first time, provided transitional services for exonerees. However, Obie’s Law made re-entry services available to a very limited group of exonerees whose convictions were reversed based on very narrow language. SB 336 amends this language to make re-entry services available to a wider group of exonerees.
AB 454
(Exempts wrongfully convicted individuals from paying state income tax on state compensation)
An act to add Section 17156.1 to the Revenue and Taxation Code, relating to taxation.
On October 11, 2017, Governor Brown signed AB 454. Authored by Assemblymember Sebastian Ridley-Thomas, AB 454 exempts wrongfully convicted individuals from paying state income tax on any monetary awards they receive from the State of California due to their wrongful incarceration. This bill makes California state law consistent with federal law which already exempts monetary awards received by exonerees from federal taxation.
SB 1134
(Creates a viable standard in California for proving actual innocence)
An act to amend Sections 1473, 1485.5, and 1485.55 of the Penal Code, relating to habeas corpus.
On September 30, 2016, Governor Brown signed SB 1134. Authored by Senators Leno and Anderson, SB 1134 creates a viable standard in California for using new evidence to prove actual innocence. The previous California standard required that new evidence “points unerringly to innocence” and completely undermines the prosecution’s case—a confusing and nearly unattainable standard. The new standard requires that had the new evidence been available at the original trial, the petitioner would “more likely than not” have been acquitted. The new standard brings California into line with the standard used in 43 other states and has significant positive implications for pending NCIP cases.
SB 1389
(Requires electronic recording of interrogation of all murder suspects)
An act to amend Section 859.5 of the Penal Code, relating to interrogation.
On September 30, 2016 Governor Brown signed SB 1389. Authored by Senators Glazer and Hernandez, SB 1389 requires electronic recording of custodial interrogations of all murder suspects, adults and minors. Previous law only required police to record interrogations of juvenile murder suspects. This bill will help reduce false confessions and will support proper interrogation practices.
SB 635
(Increases exoneree compensation to $140 per day wrongly incarcerated)
An act to amend Section 4904 of the Penal Code, relating to erroneously convicted and imprisoned persons.
On October 1, 2015, Governor Brown signed SB 635 sponsored by the Northern California Innocence Project (NCIP) which increases compensation from $100 to $140 for each day an exoneree is wrongly imprisoned, including jail time. The increase, the first since 2000, brings compensation rates up to adjust for inflation and current costs of living and better helps exonerees to rebuild their lives after release from prison. The bill, authored by Senator Jim Nielsen and co-authored by Senator Mark Leno, received unopposed bipartisan support in the California legislature.
AB 672
(Provides transitional services to certain exonerees upon release from prison)
An act to amend Section 3007.05 of the Penal Code, and to add Section 14903 to the Vehicle Code, relating to inmates.
NCIP also supported AB 672, signed into law by Governor Brown on October 1, 2015. AB 672, authored by Assemblymember Reggie Jones-Sawyer, requires the California Department of Corrections to help exonerees obtain identification cards and transitional services after their release from prison. The bill is named Obie’s Law after NCIP exoneree Obie Anthony who testified in support of it.
SB 980
(Improves access to physical and biological evidence and to DNA testing)
An act to amend Sections 1405 and 1417.9 of, and to add Section 1405.1 to, the Penal Code, relating to DNA testing.
On September 25, 2014, Gov. Jerry Brown signed SB 980, sponsored by the Northern California Innocence Project and others, which will improve the process for wrongfully convicted prisoners to obtain DNA testing. The bill, authored by Sen. Ted Lieu, gives prisoners improved access to the physical and biological evidence preserved in their cases and clarifies the procedures for obtaining DNA testing in California. The bill makes the following specific improvements to inmates’ access to DNA evidence:
- Requires law enforcement agencies to provide information about the existence of biological evidence, such as whether it has been destroyed or preserved;
- Extends the period of time inmates and their counsel have to respond to a notice of evidence destruction from 90 days to 180 days, and further extends the time for requesting DNA testing from six months to one year;
- Enables courts to order the relevant government agency to search the FBI’s Combined DNA Index System (CODIS) database for a match in order to find the true perpetrator, in the event that the DNA test is granted and the results exclude the convicted person.
Over 300 exonerations in the United States have been based on DNA evidence, with at least eight in California, including NCIP client Johnny Williams, exonerated in 2013.
SB 1058
(Expands the false testimony innocence claim to include outdated expert testimony)
An act to amend Section 1473 of the Penal Code, relating to criminal procedure.
Gov. Jerry Brown signed SB 1058 into law on September 26, 2014, the second of two bills sponsored by NCIP to be signed this year which aid the wrongfully convicted. Authored by Sen. Mark Leno, SB 1058 will help exonerate innocent men and women who have been wrongfully convicted based on outdated expert testimony. It will help assure people wrongfully convicted based on such testimony can have their conviction overturned when the expert later admits he or she was wrong, or when new science proves the testimony wrong.
For resources related to litigating faulty forensics, science, or medical cases, click here.
