AB 1595 California Assembly · 2025-2026 Regular Session

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

Summary
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.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Aug 2026
Assembly Passage
May 2026
Senate Passage
Aug 2026
Governor
Introduced Jan 16, 2026 Last action Aug 26, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

08/30/26 - Enrolled AB1595 · 2 edits
MINOR
The bill content is substantively unchanged between these two versions. The difference is purely presentational: the 'From' version is the formal enrolled legislative document with page numbers, chapter headings, and clerk signatures, while the 'To' version is a web page rendering of the same bill that adds navigation menus, search tools, version history metadata, and website UI elements. No policy language was added, removed, or modified.
TECHNICAL

The document changed from a formal enrolled legislative format (with page numbers, chapter designations, clerk signatures, and Governor receipt line) to a web page layout that includes site navigation, search fields, version history dates, and metadata such as 'Date Published: 08/30/2026 09:00 PM'.

Website interface elements were added including navigation links (home, accessibility, FAQ, feedback, sitemap, login), a quick search box, bill tracking tools, and share options.

Floor votes · Senate Aug 26, 2026 · Assembly May 27, 2026

How they voted

308
Passed · 2 other
Total votes 40
Aug 26, 2026
D Democratic30
30 Yea
100% Yea
R Republican10
8 Nay 2
80% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
10
Committee
9
Amendments
6
Aug 26, 2026
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 13.).
lower
Aug 26, 2026
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 26, 2026
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8.).
upper
Aug 19, 2026
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 13, 2026
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (August 13).
upper
Aug 3, 2026
Committee
In committee: Referred to APPR. suspense file.
upper
Jun 24, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 23). Re-referred to Com. on APPR.
upper
Jun 3, 2026
Committee
Referred to Com. on PUB. S.
upper
May 27, 2026
Assembly · Passed
Assembly Vote: pass (60-14-5)
assembly
May 26, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 14.)
lower
May 18, 2026
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 14, 2026
Introduced
From committee: Amend, and do pass as amended. (Ayes 12. Noes 3.) (May 14).
lower
Apr 8, 2026
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Mar 4, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 3). Re-referred to Com. on APPR.
lower
Feb 24, 2026
Committee
Re-referred to Com. on PUB. S.
lower
Feb 23, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Feb 2, 2026
Committee
Referred to Com. on PUB. S.
lower
Jan 17, 2026
Lower · Passed
From printer. May be heard in committee February 16.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Nick Schultz
Nick Schultz
DDemocratic
CA
44