After unanimously passing the Senate Public Safety Committee earlier this month, a bill that would amend the standards used for evaluating expert testimony and forensics in California was placed on the suspense file in the Senate Appropriations Committee last week. The Suspense file process is a unique procedure that allows the two Appropriations Committees in the California Legislature to place a bill with fiscal implications—$50,000 or more for the Senate—on “hold” pending further consideration.
Existing law allows a writ of habeas corpus to be prosecuted on the basis of false evidence that is substantially material or probative to the issue of guilt that was introduced at trial. The law defines false evidence for these purposes as including the opinions of experts that have been repudiated or have been undermined by later scientific research or technological advances.
Senate Bill 467 seeks to expand this definition of false evidence by making the following inadmissible in a pre- and post-conviction:
- expert opinions based on flawed scientific research or outdated technology that is now unreliable or moot
- expert opinions about which a reasonable scientific dispute has emerged regarding its validity
- expert opinions that fail to use valid methodology, research, peer-reviewed studies, or scientifically sound data.
“Faulty forensic and scientific evidence, provided by expert witnesses, is the second most common reason that individuals are wrongfully convicted,” said Senator Scott Wiener (D-San Francisco), author of the bill. “Today, courts have discretion over which expert testimony is admissible. Studies show that courts accept most forensic science and expert testimony without sufficient scrutiny, leaving significant room for imprecision and human error. This error leads to the high rate of wrongful convictions. Expert testimony that fails to rely on sound logic should not be considered in court.”
SB 467 also strengthens the grounds on which people can seek post-conviction relief if they have been wrongfully convicted based on unreliable expert testimony.
“When science evolves, so should our standards for admissible scientific evidence in court,” said Wiener. “Innocent people should not be in prison because of outdated or faulty science. That’s why the End Wrongful Convictions Act will refine the standards for expert witness testimony in court, and will provide critical avenues for post-conviction relief. Even one innocent person in prison is a miscarriage of justice, and we will not stand for it.”
The bill flew through the Senate Public Safety Committee, passing on a vote of 5-0, before it was place on the suspense file by a 6-0 vote in the Senate Appropriations Committee last week. However, However, according to the California Globe, “opposition to the bill is expected to increase in the general Senate and Assembly votes, with many lawmakers hinting at opposing the bill due to issues with the bill’s language and fears that it could severely limit expert witness testimony in the future.”
It is currently unknown when SB 467 will be heard again in the coming months. A bill may be taken off the suspense file and heard upon two days’ notice, as long as a majority of the members of the committee are present and voting.
SB 467 is part of a larger slate of innocence reform bills in the state of California, including Wiener’s authored and passed SB 923, which ensures that law enforcement use evidence-based procedures when obtaining eyewitness identification.
“Eyewitness misidentification is a leading contributor to wrongful convictions proven with DNA evidence,” said Wiener in a statement. “Before SB 923 was signed into law, California had no statewide best practices for eyewitness identification and there were no evidence-based standards in place.”
SB 467 is sponsored by the California Innocence Coalition, which includes the Northern California Innocence Project, Loyola Project for the Innocent and the California Innocence Project.