California Penal Code

§ 1473.6

PEN § 1473.6 Effective Jan 1, 2003Title 12 · Part 2 · Ch. 1

Statute text

(a)Any person no longer unlawfully imprisoned or restrained may prosecute a motion to vacate a judgment for any of the following reasons:

(1)Newly discovered evidence of fraud by a government official that completely undermines the prosecution’s case, is conclusive, and points unerringly to his or her innocence.

(2)Newly discovered evidence that a government official testified falsely at the trial that resulted in the conviction and that the testimony of the government official was substantially probative on the issue of guilt or punishment.

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Legislative history

Added by Stats. 2002, Ch. 1105, Sec. 3. Effective January 1, 2003.