AB 1595: Criminal procedure: writs of habeas corpus and motions to vacate.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 20, 2026Vetoed by Governor.
2. September 3, 2026Enrolled and presented to the Governor at 4 p.m.
3. August 26, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 13. Page 6627.).
4. August 26, 2026In Assembly. Concurrence in Senate amendments pending.
5. August 26, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8.).
6. August 20, 2026Read second time. Ordered to third reading.
7. August 19, 2026Read third time and amended. Ordered to second reading.
8. August 13, 2026Read second time. Ordered to third reading.
9. August 13, 2026From committee: Do pass. (Ayes 5. Noes 2.) (August 13).
10. August 3, 2026In committee: Referred to APPR. suspense file.
11. June 24, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 23). Re-referred to Com. on APPR.
12. June 3, 2026Referred to Com. on PUB. S.