AB 2014: Habeas corpus: gender-based stereotypes.

Official summary

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

Existing law authorizes every person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint. Existing law also authorizes a writ of habeas corpus to be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering and its effects was not presented to the trier of fact at the trial court proceedings and is of such substance that, had the competent and substantial expert testimony been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, that the result of the proceedings would have been different.

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.

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. May 14, 2026In committee: Held under submission.
2. May 14, 2026Joint Rule 62(a), file notice suspended. (Page 5030.)
3. May 13, 2026In committee: Set, first hearing. Referred to APPR. suspense file.
4. April 22, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 21). Re-referred to Com. on APPR.
5. April 16, 2026Re-referred to Com. on PUB. S.
6. April 15, 2026From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
7. April 9, 2026In committee: Hearing postponed by committee.
8. March 2, 2026Referred to Com. on PUB. S.
9. February 18, 2026From printer. May be heard in committee March 20.
10. February 17, 2026Read first time. To print.