Gov. Code, § 68661.1 · Chapter 2.3. California Habeas Corpus Resource Center
Gov. Code, § 68661.1
Not yet in force
Repealed (in Sec. 6) and added by Stats. 2024, Ch. 51, Sec. 7. (AB 170) Effective July 2, 2024. Operative July 1, 2029, by its own provisions.
(a) The center may represent a person sentenced to death on a federal habeas corpus petition if and only if (1) the center was appointed to represent that person on state habeas corpus, (2) the center is appointed for that purpose by the federal court, and (3) the executive director determines that compensation from the federal court will fully cover the cost of representation. Neither the center nor any other person or entity receiving state funds shall spend state funds to attack in federal court any judgment of a California court in a capital case, other than review in the Supreme Court pursuant to Section 1257 of Title 28 of the United States Code.
(b) The center is not authorized to represent any person in any action other than habeas corpus which constitutes a collateral attack on the judgment or seeks to delay or prevent its execution. The center shall not engage in any other litigation or expend funds in any form of advocacy other than as expressly authorized by this section or Section 68661.
(c) This section shall become operative July 1, 2029.
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The center may represent a person sentenced to death on a federal habeas corpus petition if and only if (1) the center was appointed to represent that person on state habeas corpus, (2) the center is appointed for that purpose by the federal court, and (3) the executive director determines that compensation from the federal court will fully cover the cost of representation. Neither the center nor any other person or entity receiving state funds shall spend state funds to attack in federal court any judgment of a California court in a capital case, other than review in the Supreme Court pursuant to Section 1257 of Title 28 of the United States Code.
(b) The center is not authorized to represent any person in any action other than habeas corpus which constitutes a collateral attack on the judgment or seeks to delay or prevent its execution. The center shall not engage in any other litigation or expend funds in any form of advocacy other than as expressly authorized by this section, Section 68661, and Section 68661.5.
(c) This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 51, Sec. 6. (AB 170) Effective July 2, 2024. Inoperative July 1, 2029, by its own provisions. Repealed as of January 1, 2030, by its own provisions. See later operative version added by Sec. 7 of Stats. 2024, Ch. 51.
History (not yet in force)
Repealed (in Sec. 6) and added by Stats. 2024, Ch. 51, Sec. 7. (AB 170) Effective July 2, 2024. Operative July 1, 2029, by its own provisions.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=68661.1.
- Text hash
- sha256 3a780b53f9f9995f6b53186861cb8282d7943aafcc223e6ea830f1993200035b
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
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Cited by 2 provisions
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