Under existing law, although persons not presently restrained of liberty may seek certain types of relief from the disabilities of a conviction, the writ of habeas corpus is generally not available to them. Existing law creates an explicit right for a person no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment based on newly obtained evidence of fraud or misconduct by a government official, as specified.
California AB 813 (20152016) — Criminal procedure: postconviction relief.
Under existing law, although persons not presently restrained of liberty may seek certain types of relief from the disabilities of a conviction, the writ of habeas corpus is generally not available to them. Existing law creates an explicit right for a person no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment based on newly obtained evidence of fraud or misconduct by a government official, as specified.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
AB 813 GONZALEZ Concurrence in Senate Amendments — 59–14 (pass) · lower
Do pass, but first be re-referred to the Committee on [Rules] — 5–2 (pass) · upper
Do pass — 5–2 (pass) · upper
With recommendation: That Senate amendments be concurred in. — 5–1 (pass) · lower
Do pass. — 5–2 (pass) · lower
Placed on suspense file — 7–0 (pass) · upper
AB 813 GONZALEZ Concurrence in Senate Amendments — 61–15 (pass) · lower
AB 813 GONZALEZ Assembly Third Reading — 65–11 (pass) · lower
Sponsors
Gonzalez — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2015-02-26 Read first time. To print. reading-1
2015-02-27 From printer. May be heard in committee March 29.
2015-03-26 Referred to Com. on PUB. S. referral-committee
2015-03-26 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. reading-2, amendment-introduction, amendment-passage, reading-1
2015-04-06 Re-referred to Com. on PUB. S. referral-committee
2015-04-22 From committee: Do pass. (Ayes 5. Noes 2.) (April 21). committee-passage-favorable, committee-passage
2015-04-23 Read second time. Ordered to third reading. reading-2, reading-1
2015-05-07 Read third time and amended. Ordered to third reading. (Page 1331.) reading-3, amendment-passage, reading-1
2015-05-14 Read third time and amended. Ordered to third reading. (Page 1429.) reading-3, amendment-passage, reading-1
2015-05-18 Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 11. Page 1476.) reading-3, passage, reading-1
2015-05-18 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2015-05-28 Referred to Com. on PUB. S. referral-committee
2015-06-10 In committee: Hearing postponed by committee.
2015-06-22 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. referral-committee, reading-2, amendment-introduction, amendment-passage, reading-1
2015-06-23 In committee: Hearing postponed by committee.
2015-07-07 In committee: Set, first hearing. Hearing canceled at the request of author.
2016-05-10 From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (May 10). Re-referred to Com. on RLS. referral-committee, committee-passage-favorable, committee-passage
2016-05-19 Re-referred to Com. on APPR. referral-committee
2016-06-20 In committee: Referred to APPR. suspense file. referral-committee
2016-08-11 From committee: Do pass. (Ayes 5. Noes 2.) (August 11). committee-passage-favorable, committee-passage
2016-08-15 Read second time. Ordered to third reading. reading-2, reading-1
2016-08-16 Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 5022.). reading-3, passage, reading-1
2016-08-24 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
2016-08-29 Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2. referral-committee
2016-08-29 Senate amendments concurred in. committee-passage-favorable, amendment-passage
2016-08-29 Action rescinded whereby the Assembly concurred in Senate amendments.