California Government Code

§ 68661.5

GOV § 68661.5 Effective Jul 2, 2024Title 8 · Ch. 2.3

Statute text

(a)Attorneys employed by the center pursuant to Section 68661 may also represent any person sentenced to life without the possibility of parole in this state who was previously sentenced to death and who is determined by a court of competent jurisdiction to be indigent. Representation of a person sentenced to life without the possibility of parole may be for the purpose of instituting and prosecuting habeas corpus petitions in the state and federal courts, challenging the legality of the judgment or sentence imposed against that person, subject to the limitations in Section 68661.1, and preparing petitions for executive clemency. Any such appointment may be concurrent with the appointment of the State Public Defender or other counsel for purposes of direct appeal.

(b)The center may be appointed to represent a person pursuant to this section for the purpose of enabling the center’s attorneys to meet the qualifications for representation of death-sentenced persons pursuant to Rule 8.652 of the California Rules of Court, and to facilitate appointments pursuant to subdivision (a) of Section 68661.

(c)This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.

Legislative history

Added by Stats. 2024, Ch. 51, Sec. 8. (AB 170) Effective July 2, 2024. Inoperative July 1, 2029, by its own provisions. Repealed as of January 1, 2030, by its own provisions.