Cal. Pen. Code § 1485.5

Current through the 2023 Legislative Session.
Section 1485.5 - Writ of habeas corpus or motion to vacate a judgment; facts binding on attorney general and board
(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.

Ca. Pen. Code § 1485.5

Amended by Stats 2023 ch 702 (SB 78),s 2, eff. 1/1/2024.
Amended by Stats 2021 ch 490 (SB 446),s 1, eff. 1/1/2022.
Amended by Stats 2016 ch 785 (SB 1134),s 2, eff. 1/1/2017.
Amended by Stats 2016 ch 31 (SB 836),s 244, eff. 6/27/2016.
Amended by Stats 2014 ch 28 (SB 854),s 73, eff. 6/20/2014.
Added by Stats 2013 ch 800 (SB 618),s 2, eff. 1/1/2014.