Gov. Code, § 68662 · Chapter 2.3. California Habeas Corpus Resource Center
Gov. Code, § 68662
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
The superior court that imposed the sentence shall offer to appoint counsel to represent a state prisoner subject to a capital sentence for purposes of state postconviction proceedings, and shall enter an order containing one of the following:
(a) The appointment of one or more counsel to represent the prisoner in proceedings pursuant to Section 1509 of the Penal Code upon a finding that the person is indigent and has accepted the offer to appoint counsel or is unable to competently decide whether to accept or reject that offer.
(b) A finding, after a hearing if necessary, that the prisoner rejected the offer to appoint counsel and made that decision with full understanding of the legal consequences of the decision.
(c) The denial to appoint counsel upon a finding that the person is not indigent.
Notes and commentary — not statutory text
History
Amended November 8, 2016, by initiative Proposition 66, Sec. 16.
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=68662.
- Text hash
- sha256 1763dccc764d3cff8b162e8c6cead6138e58da54d5bc2806d635cc7d351b06da
- 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
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Gov. Code, § 68662. Each shows the citation as that text prints it.
Government Code
California Rules of Court
- Cal. Rules of Court, rule 4.561Superior court appointment of counsel in death penalty-related habeas corpus proceedingsPrinted as Government Code section 68662
- Cal. Rules of Court, rule 4.562Recruitment and determination of qualifications of attorneys for appointment in death penalty-related habeas corpus proceedingsPrinted as Government Code section 68662
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.