CaliforniaCriminal procedure: postconviction investigation.
What it does
Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes procedures for litigating claims of factual innocence based on newly discovered evidence, including a motion for a new trial or a writ of habeas corpus.
More detail
This bill would, if the district attorney accepts a case for postconviction review, as defined, authorize the district attorney to file a notice with the court notifying the court of the intent to investigate a claim of factual innocence. The bill would, upon the filing of the above-described notice, deem the case to be treated as if it were an open case for the purposes of investigating a claim of factual innocence. The bill would provide the district attorney with the power to issue subpoenas, compel the production of document and testimony, and file necessary motions to investigate claims, as specified. The bill would also require all materials obtained by the district attorney to be subject to a protective order, as specified, and to be disclosed to the petitioner or the petitioner's counsel within 60 days of the termination of the investigation.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 18Chaptered by Secretary of State. Chapter 325, Statutes of 2026.Latest
- Sep 18Approved by the Governor Gavin Newsom.Became Law
- Aug 21Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 18In Senate. Ordered to engrossing and enrolling.Minor
- Aug 17Read third time. Passed. (Ayes 74. Noes 0. Page 6203.) Ordered to the Senate.Passed Assembly
- Vote recorded SB 1211 Gonzalez Senate Third Reading By Schultz. Result: pass.Lower
- Jul 2Ordered to third reading.Minor
- Jul 2From consent calendar on motion of Assembly Member Garcia.
- Jun 25Read second time. Ordered to consent calendar.Minor
- Jun 24From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0.) (June 23).Minor
- Jun 24Coauthors revised.
- Jun 23
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Jun 4Referred to Com. on PUB. S.Minor
- May 28In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading. Result: pass.Upper
- May 28Read third time. Passed. (Ayes 39. Noes 0. Page 4524.) Ordered to the Assembly.Passed Senate
- May 19Read second time. Ordered to third reading.Minor
- May 18Ordered to second reading.Minor
- May 18Read third time and amended.Major
- Apr 20Ordered to third reading.Minor
- Apr 20From consent calendar on motion of Senator Gonzalez.
- Apr 15Read second time. Ordered to consent calendar.Minor
- Apr 14From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 3872.) (April 14).Minor
- Vote recorded Do pass and be ordered to the Consent Calendar. Result: pass.Upper
- Apr 6From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.Major
- Mar 27Set for hearing April 14.
- Mar 26April 7 set for first hearing canceled at the request of author.
- Mar 23Set for hearing April 7.
- Mar 4Referred to Com. on PUB. S.Minor
- Feb 20From printer. May be acted upon on or after March 22.
- Feb 19Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced