CaliforniaCriminal procedure: postconviction discovery.
What it does
Existing law requires the court, in a case involving a conviction of a serious or violent felony resulting in a sentence of 15 years or more, to order that the defendant be provided reasonable access to discovery materials upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate judgment and a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful. Existing law defines "discovery materials" as materials in the possession of the prosecution and law enforcement authorities that the defendant would have been entitled to at the time of trial.
More detail
Existing law requires trial counsel to retain copies of files for criminal convictions of serious or violent felonies resulting in a sentence greater than 15 years for the duration of the client's imprisonment. Existing law authorizes trial counsel to retain those copies digitally, if every item is preserved.
This bill would authorize reasonable access, except as specified, to discovery materials for felonies resulting in a sentence of incarceration in the Department of Corrections and Rehabilitation. The bill would broaden the definition of "discovery materials" to include, among other things, materials from any prosecutor who tried or worked on the case that tend to negate guilt, or mitigate the sentence or offense. The bill would clarify the definition of "the prosecution" to include the prosecuting agency and counsel for the respondent to a habeas corpus petition. The bill would require the prosecutor, in order to shield jury selection notes from disclosure, to make a foundational proffer describing how information in their file would bear on their case strategy. The bill would require the court, upon a showing of good cause by the prosecutor, to conduct an in camera review and order necessary redactions. The bill would clarify that good cause to shield jury selection notes from disclosure is shown when the prosecution did not exercise any peremptory challenges during jury selection.
The bill would additionally require trial counsel, for all criminal convictions on or after July 1, 2026, that result in a sentence of incarceration in the Department of Corrections and Rehabilitation to retain digital color copies of every item in the file. By increasing the duties of public defenders, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 7Chaptered by Secretary of State - Chapter 444, Statutes of 2025.Latest
- Oct 7Approved by the Governor Gavin Newsom.Became Law
- Sep 24Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 13Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 18. Page 3466.).Major
- Vote recorded AB 1036 Schultz Concurrence in Senate Amendments. Result: pass.Lower
- Sep 13Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
- Sep 12In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB1036 Schultz By Arreguín. Result: pass.Upper
- Sep 12Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9. Page 2993.).Passed Senate
- Sep 2Read second time. Ordered to third reading.Minor
- Aug 29Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 29From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).Major
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 3Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 2From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 1).Major
- Jul 1
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jun 11Referred to Com. on PUB. S.Minor
- Jun 3In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1036 Schultz Assembly Third Reading. Result: pass.Lower
- Jun 2Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 13. Page 1913.)Passed Assembly
- May 27Read second time. Ordered to third reading.Minor
- May 23Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- May 23From committee: Amend, and do pass as amended. (Ayes 12. Noes 2.) (May 23).Major
- May 23Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
- Apr 9In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 2From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 1). Re-referred to Com. on APPR.Minor
- Apr 1
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 10Referred to Com. on PUB. S.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced