TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE [1473. - 1564.]

Title 12 enacted 1872.

§§ 1473–1564 · 122 sections

1. CHAPTER 1. Of the Writ of Habeas Corpus §§ 1473–1509.1 · 44 sections

   • § 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 of the…
   • § 1473.1 The Judicial Council shall promulgate standards for appointment of private counsel in superior court for claims filed pursuant to subdivision (e) of 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…
   • § 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…
   • § 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 conviction or…
   • § 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 specify: 1.…
   • § 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 judge thereof and after the hearing…
   • § 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 presentation…
   • § 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 have the…
   • § 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 officer…
   • § 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 against such…
   • § 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 custody, or under…
   • § 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 command of…
   • § 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 whose…
   • § 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 as may…
   • § 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 return, or…
   • § 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 custody…
   • § 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 a…
   • § 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 Section 1473.6…
   • § 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 he is…
   • § 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, such…
   • § 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, such…
   • § 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 in the…
   • § 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 the purpose…
   • § 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 take an…
   • § 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 allowable, the…
   • § 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 Judge or…
   • § 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 Sheriff of the…
   • § 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 the same…
   • § 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, or…
   • § 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 of such…
   • § 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, and the…
   • § 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 entitled…
   • § 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 subpoenas, must…
   • § 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 discharging…
   • § 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 be taken…
   • § 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 court of…
   • § 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 of habeas corpus…
   • § 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 be taken by…
2. CHAPTER 2. Pretrial Review §§ 1510–1512 · 3 sections

   • § 1510 The denial of a motion made pursuant to Section 995 or 1538.5 may be reviewed prior to trial only if the motion was made by the defendant in the trial court…
   • § 1511 If in a felony case the superior court sets the trial beyond the period of time specified in Section 1049.5, in violation of Section 1049.5, or continues the…
   • § 1512 (a) In addition to petitions for a writ of mandate, prohibition, or review which the people are authorized to file pursuant to any other statute or pursuant to…
3. CHAPTER 3. Of Search Warrants §§ 1523–1542.5 · 27 sections

   • § 1523 A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a…
   • § 1524 (a) A search warrant may be issued upon any of the following grounds: (1) When the property was stolen or embezzled. (2) When the property or things were used…
   • § 1524.1 (a) The primary purpose of the testing and disclosure provided in this section is to benefit the victim of a crime by informing the victim whether the…
   • § 1524.2 (a) As used in this section, the following terms have the following meanings: (1) The terms “electronic communication services” and “remote computing services”…
   • § 1524.3 (a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the United…
   • § 1524.4 (a) This section applies to a service provider that is subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546)) and…
   • § 1525 A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and…
   • § 1526 (a) Before issuing the search warrant, the magistrate may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall…
   • § 1527 The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist.
   • § 1528 (a) If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he…
   • § 1529 The warrant shall be in substantially the following form: County of ____. The people of the State of California to any peace officer in the County of ____:…
   • § 1530 A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his…
   • § 1531 The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice…
   • § 1532 He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the…
   • § 1533 Upon a showing of good cause, the magistrate may, in his or her discretion, insert a direction in a search warrant that it may be served at any time of the day…
   • § 1534 (a) A search warrant shall be executed and returned within 10 days after date of issuance. A warrant executed within the 10-day period shall be deemed to have…
   • § 1535 When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken…
   • § 1536 All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to return…
   • § 1536.5 (a) If a government agency seizes business records from an entity pursuant to a search warrant, the entity from which the records were seized may file a demand…
   • § 1537 The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence…
   • § 1538 The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant…
   • § 1538.5 (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure…
   • § 1539 (a) If a special hearing is held in a felony case pursuant to Section 1538.5, or if the grounds on which the warrant was issued are controverted and a motion…
   • § 1540 If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the…
   • § 1541 The magistrate must annex the affidavit, or affidavits, the search warrant and return, and the inventory, and if he has not power to inquire into the offense…
   • § 1542 When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be…
   • § 1542.5 Notwithstanding any other law, with regards to a search warrant issued upon the grounds specified in paragraph (14) of subdivision (a) of Section 1524, the…
4. CHAPTER 3.5. Disclosure of Medical Records to Law Enforcement Agencies §§ 1543–1545 · 3 sections

   • § 1543 (a) Records of the identity, diagnosis, prognosis, or treatment of any patient maintained by a health care facility which are not privileged records required…
   • § 1544 A law enforcement agency applying for disclosure of patient records under Section 1543 may petition the court for an extraordinary order delaying the notice of…
   • § 1545 For the purposes of this chapter: (a) “Health care facility” means any clinic, health dispensary, or health facility, licensed pursuant to Division 2…
5. CHAPTER 3.6. Electronic Communications Privacy Act §§ 1546–1546.5 · 5 sections

   • § 1546 For purposes of this chapter, the following definitions apply: (a) An “adverse result” means any of the following: (1) Danger to the life or physical safety of…
   • § 1546.1 (a) Except as provided in this section, a government entity shall not do any of the following: (1) Compel the production of or access to electronic…
   • § 1546.2 (a) (1) Except as otherwise provided in this section, any government entity that executes a warrant, or obtains electronic information in an emergency pursuant…
   • § 1546.4 (a) Any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of the Fourth Amendment to…
   • § 1546.5 (a) A California corporation or a corporation whose principal executive offices are located in California that provides electronic communications services…
6. CHAPTER 4. Proceedings Against Fugitives From Justice §§ 1547–1558 · 37 sections

   • § 1547 (a) The Governor may offer a reward of not more than fifty thousand dollars ($50,000), payable out of the General Fund, for information leading to the arrest…
   • § 1548 As used in this chapter: (a) “Governor” means any person performing the functions of Governor by authority of the law of this State. (b) “Executive authority”…
   • § 1548.1 Subject to the provisions of this chapter, the Constitution of the United States, and the laws of the United States, it is the duty of the Governor of this…
   • § 1548.2 No demand for the extradition of a person charged with crime in another State shall be recognized by the Governor unless it is in writing alleging that the…
   • § 1548.3 When a demand is made upon the Governor of this State by the executive authority of another State for the surrender of a person so charged with crime, the…
   • § 1549 When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or is held under criminal…
   • § 1549.1 The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in the other state in…
   • § 1549.15 For purposes of this section, the following terms have the following meanings: (a) “Gender-affirming health care” and “gender-affirming mental health care”…
   • § 1549.2 If a demand conforms to the provisions of this chapter, the Governor or agent authorized in writing by the Governor whose authorization has been filed with the…
   • § 1549.3 Such warrant shall authorize the peace officer or other person to whom it is directed: (a) To arrest the accused at any time and any place where he may be…
   • § 1550.1 No person arrested upon such warrant shall be delivered over to the agent of the executive authority demanding him unless he is first taken forthwith before a…
   • § 1550.2 Any officer or other person entrusted with a Governor’s warrant who delivers to the agent of the demanding State a person in his custody under such Governor’s…
   • § 1550.3 The officer or persons executing the Governor’s warrant of arrest, or the agent of the demanding State to whom the prisoner has been delivered may confine the…
   • § 1551 (a) Whenever any person within this State is charged by a verified complaint before any magistrate of this State with the commission of any crime in any other…
   • § 1551.05 (a) Any person on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 or pursuant to subdivision (d) of Section 2972 who leaves…
   • § 1551.1 The arrest of a person may also be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the…
   • § 1551.2 At the initial appearance of a person arrested under Section 1551 or 1551.1, he shall be informed of the reason for his arrest and of his right to demand and…
   • § 1551.3 Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the district attorney. The district attorney must immediately…
   • § 1552 If at the hearing before the magistrate, it appears that the accused is the person charged with having committed the crime alleged, the magistrate must, by a…
   • § 1552.1 Unless the offense with which the prisoner is charged, is shown to be an offense punishable by death or life imprisonment under the laws of the state in which…
   • § 1552.2 If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond, or undertaking, a magistrate may…
   • § 1553 If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the magistrate, by proper order, shall…
   • § 1553.1 (a) If a criminal prosecution has been instituted against a person charged under Section 1551 under the laws of this state and is still pending, the Governor,…
   • § 1553.2 The guilt or innocence of the accused as to the crime with which he is charged may not be inquired into by the Governor or in any proceeding after the demand…
   • § 1554 The Governor may recall his warrant of arrest or may issue another warrant whenever he deems it proper.
   • § 1554.1 Whenever the Governor of this State shall demand the return of a person charged with crime in this State or with escaping from confinement or violating the…
   • § 1554.2 (a) When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the Governor his written…
   • § 1554.3 After a person has been brought back to this state by extradition proceedings, the person shall be committed to a county jail with bail set in the amount of…
   • § 1555 A person brought into this State on, or after waiver of extradition based on a criminal charge shall not be subject to service of process in civil actions…
   • § 1555.1 Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of…
   • § 1555.2 (a) If the arrested person refuses to sign a waiver of extradition under Section 1555.1, a hearing shall be held, upon application of the district attorney, to…
   • § 1555.3 Nothing in this chapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try any demanded person for crime committed…
   • § 1556 After a person has been brought back to this State by extradition proceedings, he may be tried in this State for other crimes which he may be charged with…
   • § 1556.1 The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact…
   • § 1556.2 This chapter may be cited as the Uniform Criminal Extradition Act.
   • § 1557 (a) This section shall apply when this state or a city, county, or city and county employs a person to travel to a foreign jurisdiction outside this state for…
   • § 1558 No compensation, fee, profit, or reward of any kind can be paid to or received by a public officer of this state, a corporation or firm, or other person, for a…
7. CHAPTER 5. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature §§ 1562–1564 · 3 sections

   • § 1562 The party prosecuting a special proceeding of a criminal nature is designated in this Code as the complainant, and the adverse party as the defendant.
   • § 1563 The provisions of Section 1401, in respect to entitling affidavits, are applicable to such proceedings.
   • § 1564 The Courts and magistrates before whom such proceedings are prosecuted may issue subpoenas for witnesses, and punish their disobedience in the same manner as…