Plain English Breakdown
The official source text does not list a specific effective date for this law.
AB-1036: Expanding Access to Case Files After Conviction
This law expands access to case files for people serving prison sentences and requires lawyers to keep digital copies of those files starting in July 2026.
What This Bill Does
- Allows reasonable access to discovery materials for any felony resulting in a sentence of incarceration in the Department of Corrections and Rehabilitation, not just serious or violent felonies with long sentences.
- Broadens the definition of 'discovery materials' to include documents from prosecutors that tend to prove innocence or reduce a sentence.
- Clarifies that 'the prosecution' includes both the prosecuting agency and lawyers who respond to habeas corpus petitions.
- Requires prosecutors to explain how jury selection notes affect their case strategy before they can hide those notes from disclosure.
- Allows courts to privately review documents (in camera) if a prosecutor shows good cause, such as not using peremptory challenges during jury selection.
- Requires trial lawyers to keep digital color copies of every item in the file for convictions on or after July 1, 2026, that result in prison sentences.
Who It Names or Affects
- People convicted of felonies who are serving time in state prison
- Trial attorneys, including public defenders
- Prosecutors and law enforcement agencies holding case files
- Courts reviewing requests for access to these materials
Terms To Know
- Discovery materials
- Documents held by prosecutors or police that a defendant could have seen during their trial, now including items proving innocence or reducing sentences.
- Writ of habeas corpus
- A legal request asking the court to review if someone is being held in prison legally.
- In camera review
- When a judge looks at documents privately without showing them to other people first.
Limits and Unknowns
- The official text does not specify an effective date for when the new rules begin.
- Access to jury selection notes is limited if the prosecutor shows good cause, such as proving they did not use peremptory challenges during jury selection.