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HomeGovernment CodeCh. 2.3§ 68661.1 Death Penalty Federal Habeas Limits

§ 68661.1 Death Penalty Federal Habeas Limits

Government Code·California
AI Summary·Official Text·Related Statutes·References
AI SummaryVerified

§ 68661.1 Death Penalty Federal Habeas Limits

Key Takeaways

  • •The center can only help people sentenced to death in federal court if they already helped them in state court, the federal court asks them to, and the federal court pays for all the costs.
  • •The center cannot use state money to fight a California death penalty case in federal court, except for one specific type of review by the U.S. Supreme Court.
  • •The center can only work on habeas corpus cases (a way to challenge if the trial was fair) and cannot do anything else to delay or fight the punishment.
  • •This rule will stop working on July 1, 2029, and will be completely gone by January 1, 2030.

Example

A person is sentenced to death in California, and the center helped them in state court. Now, they want to appeal in federal court.

The center can only help them in federal court if the federal court asks them to and promises to pay all the costs. They cannot use California's money to fight the case in federal court unless it goes to the U.S. Supreme Court for a specific review.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 68661.1 Death Penalty Federal Habeas Limits

(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. (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.)

Last verified: January 22, 2026

Related Statutes

  • § 68660 Habeas Corpus Resource Center
  • § 68660.5 Capital Habeas Corpus Procedures
  • § 68661 Death Penalty Legal Representation
  • § 68661.5 Life Without Parole Representation
  • § 68662 Capital Sentence Counsel Appointment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 68661.1.
View Official Source