BILL NUMBER: AB 2272	CHAPTERED  09/14/06

	CHAPTER  274
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	PASSED THE SENATE  AUGUST 17, 2006
	AMENDED IN SENATE  AUGUST 14, 2006
	AMENDED IN ASSEMBLY  MAY 4, 2006
	AMENDED IN ASSEMBLY  APRIL 18, 2006

INTRODUCED BY   Assembly Member Parra

                        FEBRUARY 22, 2006

   An act to amend Section 1475 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2272, Parra  Writ of habeas corpus: notice to prosecuting
agency.
   Existing law generally specifies the procedure to be used in a
habeas corpus action and requires that a person held in custody who
is applying for a writ of habeas corpus to give 24-hour notice of the
application to the district attorney of the county wherein the
person is held in custody.
   This bill would specify order and notice procedures that shall be
complied with when an application for the writ challenges a denial
of, or suitability for parole or when a petition is filed in a
superior court other than the court in which the judgment was
rendered.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1475 of the Penal Code is amended to read:
   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 thereof the prisoner has been
remanded, he or she shall not be discharged from custody by the same
or any other court of like general jurisdiction, or by a judge of the
same or any other court of like general jurisdiction, unless upon
some ground not existing in fact at the issuing of the prior writ.
Should the prisoner desire to urge some point of law not raised in
the petition for or at the hearing upon the return of the prior writ,
then, in case the prior writ had been returned or returnable before
a superior court or a judge thereof, no writ can be issued upon a
second or other application except by the appropriate court of appeal
or some judge thereof, or by the Supreme Court or some judge
thereof, and in the event the writ must not be made returnable before
any superior court or any judge thereof. In the event, however, that
the prior writ was returned or made returnable before a court of
appeal or any judge thereof, no writ can be issued upon a second or
other application except by the Supreme Court or some judge thereof,
and the writ must be made returnable before said Supreme Court or
some judge thereof.
   Every application for a writ of habeas corpus must be verified,
and shall state whether any prior application or applications have
been made for a writ in regard to the same detention or restraint
complained of in the application, and if any prior application or
applications have been made the later application must contain a
brief statement of all proceedings had therein, or in any of them, to
and including the final order or orders made therein, or in any of
them, on appeal or otherwise.
   Whenever the person applying for a writ of habeas corpus is held
in custody or restraint by any officer of any court of this state or
any political subdivision thereof, or by any peace officer of this
state, or any political subdivision thereof, a copy of the
application for the writ must in all cases be served upon the
district attorney of the county wherein the person is held in custody
or restraint at least 24 hours before the time at which said writ is
made returnable and no application for the writ can be heard without
proof of service in cases where the service is required.
   If the person is in custody for violation of an ordinance of a
city which has a city attorney, a copy of the application for the
writ must also be served on the city attorney of the city whose
ordinance is the basis for the charge at least 24 hours before the
time at which the writ is made returnable, provided that failure to
serve the city attorney shall not deprive the court of jurisdiction
to hear the application. If a writ challenging a denial of parole or
the applicant's suitability for parole is then made returnable, a
copy of the application for the writ and the related order to show
cause shall in all cases be served by the superior court upon the
office of the Attorney General and the district attorney of the
county in which the underlying judgment was rendered at least three
business days before the time at which the writ is made returnable
and no application for the writ can be heard without proof of such
service.