SB 97: Criminal procedure: writ of habeas corpus.

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 several bases, including on the basis of the discovery of new evidence discovered after trial that could not have been discovered prior to trial by the exercise of due diligence.

This bill would allow for prosecution of a writ of habeas corpus to be prosecuted on the additional bases of the discovery of new evidence that has not been previously presented and heard at trial and has been discovered after trial.

The bill would allow a petitioner who is incarcerated in state prison to not appear at an evidentiary hearing if there is a waiver of the right to appear on record, or to appear through the use of remote technology unless counsel indicates that the defendants presence is needed.

The bill would require a presumption in favor of granting relief in a habeas petition if the district attorney or the Attorney General concede or stipulate to a factual or legal basis for the relief.

The bill would allow, if after granting postconviction relief the prosecuting agency retries the petitioner, the petitioners postconviction counsel to be appointed as counsel to represent the petitioner on the retrial, if certain requirements are met.