File #: 19-213    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 8/9/2019 In control: Judicial Council
On agenda: 9/24/2019 Final action: 9/24/2019
Title: Rules and Forms | Criminal Procedure: Motion and Order to Vacate Conviction or Sentence (Action Required)
Attachments: 1. 20190924-19-213

Title

Title

Rules and Forms | Criminal Procedure: Motion and Order to Vacate Conviction or Sentence (Action Required)

 

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Summary

Summary

The Criminal Law Advisory Committee recommends revisions to two optional Judicial Council forms in response to recent legislation (Assembly Bill 2867) that clarifies the timing and procedural requirements of Penal Code section 1473.7 for vacating a conviction or a sentence based on prejudicial error related to immigration consequences or newly discovered evidence of actual innocence.

 

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Recommendation

Recommendation

The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2020:

 

1.   Revise Motion to Vacate Conviction or Sentence (form CR-187) and Order on Motion to Vacate Conviction or Sentence (form CR-188) to incorporate clarifications of timing and procedural requirements consistent with amendments to Penal Code section 1473.7; and

2.   Further revise the format of Motion to Vacate Conviction or Sentence (form CR-187) so that it is appropriate for use by both self-represented litigants and those represented by attorneys.