CaliforniaCriminal procedure: writs of habeas corpus and motions to vacate.
What it does
Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted on several bases, including on the basis of false evidence that is material on the issue of guilt or punishment, as specified, or the discovery of new evidence that exists that is presented without substantial delay, is admissible, and that has not been previously presented and heard at trial and has been discovered after trial. Existing law creates a presumption in favor of granting relief through habeas when the district attorney in the county of the conviction or the Attorney General concedes or stipulates to a legal or factual basis for habeas relief.
More detail
This bill would revise the above-described standards to no longer require false evidence to be material and would instead require that the evidence create any reasonable likelihood it could have affected the outcome of the case. The bill would also change the new evidence standard to instead require that there be a reasonable probability it would have produced a different result sufficient to undermine confidence in the outcome of the case. The bill would revise the presumption in favor of granting relief to instead make a stipulation binding on the parties, if certain conditions are met, unless the moving party proves by a preponderance of the evidence that the other party violated the terms or the state withheld evidence, as specified. The bill would also revise the process for a concession and instead prohibit a party from withdrawing a concession if the concession is contained in a return or other written filing signed by counsel for respondent, as specified.
Existing law allows a person who is no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment on the basis of newly discovered evidence of fraud by a government official that completely undermines the prosecution's case, is conclusive, and points unerringly to their innocence, newly discovered evidence that a government official testified falsely at trial that resulted in the conviction and that the testimony was substantially probative on the issue of guilt or punishment, or newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment.
The bill would revise the above-described standards to instead require a demonstration that there is a reasonable probability the evidence would have produced a different result sufficient to undermine confidence in the outcome of the case, as specified.
The bill would make other conforming changes.
The bill would make related findings and declarations.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 20Vetoed by Governor Gavin Newsom.Latest
- Sep 3Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 26Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 13. Page 6627.).Major
- Vote recorded AB 1595 Schultz Concurrence in Senate Amendments. Result: pass.Lower
- Vote recorded 3rd Reading AB1595 Schultz By Cortese. Result: pass.Upper
- Aug 26In Assembly. Concurrence in Senate amendments pending.
- Aug 26Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8.).Passed Senate
- Aug 20Read second time. Ordered to third reading.Minor
- Aug 19Read third time and amended. Ordered to second reading.Major
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 13From committee: Do pass. (Ayes 5. Noes 2.) (August 13).Minor
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 24From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 23). Re-referred to Com. on APPR.Minor
- Jun 23
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jun 3Referred to Com. on PUB. S.Minor
- May 27In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1595 Schultz Assembly Third Reading. Result: pass.Lower
- May 26Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 14. Page 5356.)Passed Assembly
- May 19Read second time. Ordered to third reading.Minor
- May 18Read second time and amended. Ordered returned to second reading.Major
- May 14From committee: Amend, and do pass as amended. (Ayes 12. Noes 3.) (May 14).Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Apr 8In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Mar 4From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 3). Re-referred to Com. on APPR.Minor
- Mar 3
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Feb 24Re-referred to Com. on PUB. S.Minor
- Feb 23From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Feb 2Referred to Com. on PUB. S.Minor
- Jan 17From printer. May be heard in committee February 16.
- Jan 16Read first time. To print.Introduced