§ 1485.5. — 1485.5. (Amended by Stats. 2023, Ch. 702, Sec. 2.)

California § 1485.5.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 12.
• Part 2.: TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE
• Ch. 1.: CHAPTER 1. Of the Writ of Habeas Corpus

Text

(a)
If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board.
(b)
The district attorney shall provide notice to the Attorney General no fewer than seven days before entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment. A response from the Attorney General is not required to proceed with the
stipulation.
(c)
In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, during proceedings on a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board.
(d)
For the purposes of this section, “express factual findings” are findings established as the basis for the court’s rulings or orders.
(e)
For purposes of this section, “court” is defined as a state or federal court.

Legislative History

Amended by Stats. 2023, Ch. 702, Sec. 2. (SB 78) Effective January 1, 2024.