Habeas corpus: gender-based stereotypes.

This bill would additionally authorize a writ of habeas corpus to be prosecuted on the basis that evidence or argument likely to trigger gender-based stereotypes was admitted or relied upon by the prosecution at trial in a manner that created a reasonable probability that the outcome would have been different if such evidence was not admitted or argument offered. The bill would provide that evidence or argument likely to trigger gender-based stereotypes includes, but is not limited to, information concerning a defendant's sexual activity, sexual orientation, sexual partners, reproductive choices, gender presentation, clothing, or romantic relationships, when offered in a matter that may invoke gender-based stereotypes.

The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

Because this bill may result in the exclusion of evidence that would otherwise be admissible in a criminal proceeding, the bill would require a 23 vote of the Legislature.