California Penal Code CHAPTER 1 - Of the Writ of Habeas Corpus

• Section 1473.
  (a) A person unlawfully imprisoned or restrained of his or her liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the...
• Section 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 and its...
• Section 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 discovered evidence of...
• Section 1473.7.
  (a) A person no longer imprisoned or restrained may prosecute a motion to vacate a conviction or sentence for either of the following reasons:(1) The conviction or...
• Section 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...
• Section 1475.
  The writ of habeas corpus may be granted in the manner provided by law. If the writ has been granted by any court or a...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 1480.
  The person upon whom the writ is served must state in his return, plainly and unequivocally:1. Whether he has or has not the party in his...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 granting...
• Section 1485.55.
  (a) In a contested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment,...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.(Enacted
• Section 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...
• Section 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...
• Section 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...
• Section 1502.
  Any writ or process authorized by this Chapter may be issued and served on any day or at any time.(Enacted 1872.)
• Section 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 subpoenas,...
• Section 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.(Amended...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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. A writ...
• Section 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. An appeal shall...

Last modified: October 22, 2018