§ 642. Rejection of Claim.
2 CA ADC § 642Barclays Official California Code of RegulationsEffective: January 1, 2023
Effective: January 1, 2023
2 CCR § 642
§ 642. Rejection of Claim.
(3) A claim solely based upon a vacated conviction due to a change in the legal definition of the crime, for example Penal Code section 1170.95, is not in compliance with Penal Code sections 4900 and 4901. To be compliant, the claim must allege that the claimant is innocent of the crime with which they were erroneously convicted because the charged crime was either not committed at all or not committed by the claimant under the law in effect at the time the charged crime allegedly occurred.
Credits
Note: Authority cited: Section 13920, Government Code; and Section 4906, Penal Code. Reference: Sections 1170.95, 4900, 4901, 4902, 4903 and 4904, Penal Code.
History
1. New section filed 10-4-2010; operative 11-3-2010 (Register 2010, No. 41).
2. Editorial correction of History 1 (Register 2010, No. 44).
3. Amendment of section and Note filed 11-23-2022; operative 1-1-2023 (Register 2022, No. 47).
This database is current through 3/22/24 Register 2024, No. 12.
Cal. Admin. Code tit. 2, § 642, 2 CA ADC § 642
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