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Title 12: Of Special Proceedings of a Criminal Nature | Chapter 1: Of the Writ of Habeas Corpus

California Penal Code, Part 2 — Criminal Procedure – 2026

Back to Part Part 2: Of Criminal Procedure ← Previous Part 2: Of Criminal Procedure | Title 11: Proceedings in Misdemeanor and Infraction Cases and Appeals from Such Cases | Chapter 3: Transfer of Misdemeanor and Infraction Appeals Next → Part 2: Of Criminal Procedure | Title 12: Of Special Proceedings of a Criminal Nature | Chapter 2: Pretrial Review

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Chapter 1: Of Lawful Resistance Chapter 2: Of the Intervention of the Officers of Justice Chapter 3: Security to Keep the Peace Chapter 5: Suppression of Riots Title 2: Mode of Prosecution Title 2.5: Nightcourt Chapter 1: Of the Local Jurisdiction of Public Offenses Chapter 2: Time of Commencing Criminal Actions Chapter 3: Complaints Before Magistrates Chapter 4: The Warrant of Arrest Chapter 4.2: Code Enforcement Officers Chapter 4.5: Peace Officers Chapter 5: Arrest, by Whom and How Made Chapter 5A: Uniform Act on Fresh Pursuit Article 1: Colorado River Crime Enforcement Compact Article 2: California-Nevada Compact for Jurisdiction on Interstate Waters Chapter 5C: Citations for Misdemeanors Chapter 5D: Filing Complaint After Citation Chapter 6: Retaking After an Escape or Rescue Chapter 7: Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer Chapter 1: General Provisions Article 1: Qualifications of Grand Jurors Article 2: Listing and Selection of Grand Jurors Article 3: Jury Commissioners Article 4: Impaneling of Grand Jury Article 1: General Provisions Article 2: Investigation of County, City, and District Affairs Article 3: Legal and Other Assistants for Grand Juries Article 4: Conduct of Investigations Chapter 1: Finding and Presentment of the Indictment Chapter 2: Rules of Pleading Chapter 1: Of the Arraignment of the Defendant Chapter 2: Setting Aside the Indictment or Information [995 - 999a] Chapter 2.2: Career Criminals [999b - 999h] Chapter 2.3: Repeat Sexual Offenders [999i - 999p] Chapter 2.4: Child Abusers [999q - 999y] Chapter 2.5: Special Proceedings in Narcotics and Drug Abuse Cases Chapter 2.55: Deferred Entry of Judgment Pilot Program Chapter 2.6: Deferred Entry of Judgment Reentry Program Chapter 2.65: Child Abuse and Neglect Counseling Chapter 2.7: Misdemeanor Diversion Chapter 2.8: Diversion of Defendants With Cognitive Developmental Disabilities Chapter 2.8A: Diversion of Individuals with Mental Disorders Chapter 2.81: Pretrial Diversion of Traffic Violators Chapter 2.9: Diversion of Misdemeanor Offenders Chapter 2.9A: Bad Check Diversion Chapter 2.9B: Parental Diversion Chapter 2.9C: Military Diversion Program Chapter 2.9D: Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program Chapter 2.9E: Primary Caregiver Diversion Chapter 2.92: Law Enforcement Assisted Diversion (LEAD) Pilot Program Chapter 2.95: Diversion Restitution Fee Chapter 2.96: Court Initiated Misdemeanor Diversion Chapter 3: Demurrer and Amendment Chapter 4: Plea Chapter 5: Transmission of Certain Indictments and Information Chapter 6: Change of Venue Chapter 7: The Mode of Trial Chapter 8: Formation of the Trial Jury and theCalendar of Issues for Trial Chapter 9: Postponement of the Trial Chapter 10: Discovery Chapter 1: Challenging the Jury Chapter 2: The Trial Chapter 3: Conduct of the Jury After the Cause Is Submitted to Them Chapter 4: The Verdict or Finding Article 1: Initial Sentencing Article 1.5: Recall and Resentencing Chapter 4.8: Pregnant and Parenting Women’s Alternative Sentencing Program Act Chapter 5: Bills of Exception Chapter 6: New Trials Chapter 7: Arrest of Judgment Chapter 1: The Judgment Chapter 1.4: Electronic Monitoring Chapter 1.5: Certification of Drug Diversion Programs Chapter 2: The Execution Chapter 3: California Community Corrections Performance Incentives Chapter 1: Appeals, When Allowed and How Taken, and the Effect Thereof Chapter 1a: Judicial Council Rules [1247k- 1247k.] Chapter 2: Dismissing an Appeal for Irregularity Chapter 3: Argument of the Appeal Chapter 4: Judgment Upon Appeal Article 1: In What Cases the Defendant May Be Admitted to Bail Article 2: Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] Article 3: Bail Upon an Indictment Before Conviction Article 4: Bail on Appeal Article 5: Deposit Instead of Bail Article 5.5: Bail Fugitive Recovery Persons Act Article 6: Exoneration Article 7: Forfeiture of the Undertaking of Bail or of the Deposit of Money Article 8: Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail Article 9: Procedure Relating to Release on Own Recognizance Article 10: Violations Chapter 1.7: Pretrial Risk Assessment Tool Validation Chapter 2: Who May Be Witnesses in Criminal Actions Chapter 3: Compelling the Attendance of Witnesses Chapter 3a: Attendance of Witnesses Outside the State Chapter 4: Examination of Witnesses Conditionally Chapter 4.5: Examination of Victims of Sexual Crimes Chapter 5: Examination of Witnesses on Commission Chapter 6: Inquiry into the Competence of the Defendant Before Trial or After Conviction Chapter 7: Compromising Certain Public Offenses by Leave of the Court Chapter 8: Dismissal of the Action for Want of Prosecution or Otherwise Chapter 8.5: Agreement on Detainers Chapter 9: Proceedings Against Corporations Chapter 10: Entitling Affidavits Chapter 11: Errors and Mistakes in Pleadings and Other Proceedings Chapter 12: Disposal of Property Stolen or Embezzled Chapter 13: Disposition of Evidence in Criminal Cases Chapter 14: Disposition of Unclaimed Money Held by District Attorney or Court Clerk Chapter 15: Disqualification of Prosecuting Attorneys Chapter 1: Proceedings in Misdemeanor and Infraction Cases Chapter 2: Appeals In Misdemeanor and Infraction Cases Chapter 3: Transfer of Misdemeanor and Infraction Appeals Chapter 1: Of the Writ of Habeas Corpus Chapter 2: Pretrial Review Chapter 3: Of Search Warrants Chapter 3.5: Disclosure of Medical Records to Law Enforcement Agencies Chapter 3.6: Electronic Communications Privacy Act Chapter 4: Proceedings Against Fugitives From Justice Chapter 5: Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature Title 13: Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court Title 15: Outpatient Status for Mentally Disordered and Developmentally Disabled Offenders
§ 1473 (a) A person unlawfully imprisoned or restrained of their liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause… § 1473.1 The Judicial Council shall promulgate standards for appointment of private counsel in superior court for claims filed pursuant to subdivision (e) of S… § 1473.5 (a) A writ of habeas corpus also may be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering… § 1473.6 (a) Any person no longer unlawfully imprisoned or restrained may prosecute a motion to vacate a judgment for any of the following reasons: (1) Newly d… § 1473.7 (a) A person who is no longer in criminal custody may file a motion to vacate a conviction or sentence for any of the following reasons: (1) The convi… § 1474 Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must sp… § 1475 The writ of habeas corpus may be granted in the manner provided by law. § 1476 Any court or judge authorized to grant the writ, to whom a petition therefor is presented, must endorse upon the petition the hour and date of its pre… § 1477 The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to h… § 1478 If the writ is directed to the sheriff or other ministerial officer of the court out of which it issues, it must be delivered by the clerk to such off… § 1479 If the person to whom the writ is directed refuses, after service, to obey the same, the Court or Judge, upon affidavit, must issue an attachment agai… § 1480 The person upon whom the writ is served must state in his return, plainly and unequivocally: 1. § 1481 The person to whom the writ is directed, if it is served, must bring the body of the party in his custody or under his restraint, according to the com… § 1482 When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the Court or Judge, the person in… § 1483 The Court or Judge before whom the writ is returned must, immediately after the return, proceed to hear and examine the return, and such other matters… § 1484 The party brought before the Court or Judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the r… § 1485 If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such Court or Judge must discharge such party from the… § 1485.5 (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for g… § 1485.55 (a) In a contested or uncontested proceeding, if the court has granted a writ of habeas corpus or when the court vacates a judgment pursuant to Sectio… § 1486 The Court or Judge, if the time during which such party may be legally detained in custody has not expired, must remand such party, if it appears that… § 1487 If it appears on the return of the writ that the prisoner is in custody by virtue of process from any Court of this State, or Judge or officer thereof… § 1488 If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a magistrate, … § 1489 If it appears to the Court or Judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers … § 1490 When a person is imprisoned or detained in custody on any criminal charge, for want of bail, such person is entitled to a writ of habeas corpus for th… § 1491 Any judge before whom a person who has been committed upon a criminal charge may be brought on a writ of habeas corpus, if the same is bailable, may t… § 1492 If a party brought before the Court or Judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowab… § 1493 In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the Ju… § 1494 Until judgment is given on the return, the Court or Judge before whom any party may be brought on such writ may commit him to the custody of the Sheri… § 1495 No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party … § 1496 No person who has been discharged by the order of the Court or Judge upon habeas corpus can be again imprisoned, restrained, or kept in custody for th… § 1497 When it appears to any court, or judge, authorized by law to issue the writ of habeas corpus, that any one is illegally held in custody, confinement, … § 1498 The Court or Judge may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint. § 1499 The officer to whom such warrant is delivered must execute it by bringing the person therein named before the Court or Judge who directed the issuing … § 1500 The person alleged to have such party under illegal confinement or restraint may make return to such warrant as in case of a writ of habeas corpus, an… § 1501 If such party is held under illegal restraint or custody, he must be discharged; and if not, he must be restored to the care or custody of the person … § 1502 Any writ or process authorized by this Chapter may be issued and served on any day or at any time. § 1503 All writs, warrants, process, and subpoenas authorized by the provisions of this Chapter must be issued by the Clerk of the Court, and, except subpoen… § 1504 All such writs and process, when made returnable before a Judge, must be returned before him at the county seat, and there heard and determined. § 1505 If the officer or person to whom a writ of habeas corpus is directed, refuses obedience to the command thereof, he shall forfeit and pay to the person… § 1506 An appeal may be taken to the court of appeal by the people from a final order of a superior court made upon the return of a writ of habeas corpus dis… § 1507 Where an application for a writ of habeas corpus has been made by or on behalf of any person other than a defendant in a criminal case, an appeal may … § 1508 (a) A writ of habeas corpus issued by the Supreme Court or a judge thereof may be made returnable before the issuing judge or his court, before any co… § 1509 (a) This section applies to any petition for writ of habeas corpus filed by a person in custody pursuant to a judgment of death. § 1509.1 (a) Either party may appeal the decision of a superior court on an initial petition under Section 1509 to the court of appeal.