AB 3088 California Assembly · 2023-2024 Regular Session

Criminal procedure: writ of habeas corpus.

Summary
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 that has not been previously presented and heard at trial and has been discovered after trial. This bill would prohibit a habeas corpus petition prosecuted under these provisions from being dismissed based on procedural bars if the petitioner establishes that in light of all of the evidence now before the court, it is more likely than not the outcome of the case would have been different, as specified.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2024
Committee Review
Aug 2024
Assembly Passage
May 2024
Senate Passage
Governor
Introduced Feb 16, 2024 Last action Aug 15, 2024
Floor votes · Assembly May 20, 2024

How they voted

49–14
Passed · 17 other
Total votes 80
May 20, 2024
D Democratic62
49 Yea 1 Nay 12
79% Yea
R Republican18
13 Nay 5
72% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
12
Key actions
5
Committee
6
Amendments
2
Aug 15, 2024
Upper · Passed
In committee: Held under submission.
upper
Aug 5, 2024
Committee
In committee: Referred to APPR suspense file.
upper
Jun 26, 2024
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jun 25, 2024
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 25).
upper
May 29, 2024
Committee
Referred to Coms. on PUB S. and APPR.
upper
May 20, 2024
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 14. Page 5296.)
lower
Apr 3, 2024
Lower · Passed
From committee: Do pass. (Ayes 6. Noes 1.) (April 2).
lower
Mar 11, 2024
Committee
Referred to Com. on PUB. S.
lower
Feb 17, 2024
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Laura Friedman
Laura Friedman
DDemocratic
CA
44