Criminal procedure: postconviction discovery.

Plain English Breakdown

The official source material does not provide specific details on the effective date or further clarifications regarding the implementation timeline and costs beyond what is mentioned in the summary text.

Postconviction Discovery in Criminal Cases

This law changes how defendants can get information from prosecutors and police after they are convicted of serious crimes, broadening the types of documents available and clarifying who is part of 'the prosecution'.

What This Bill Does

• Expands the types of documents that defendants can ask for when trying to prove their innocence or reduce their sentence.
• Clarifies who is considered part of 'the prosecution' in these cases, including lawyers involved in appeals.
• Requires prosecutors to explain why certain notes should not be shared if they are about jury selection.
• Gives judges the power to review and edit documents before giving them to defendants.

Who It Names or Affects

• Defendants who have been convicted of serious or violent felonies
• Prosecutors and law enforcement agencies
• Judges in criminal cases
• Defense attorneys

Terms To Know

Discovery materials

Documents and information that the prosecution has which could help a defendant prove their innocence or reduce their sentence.

Postconviction writ of habeas corpus

A legal request to review whether someone's imprisonment is lawful after they have been convicted.

Limits and Unknowns

• The law does not specify what happens if the Commission on State Mandates decides there are no costs for local agencies.
• It is unclear how this will affect cases before July 1, 2026, when defense attorneys must start keeping digital copies of all case files.

Official Summary Text

AB 1036, Schultz.
Criminal procedure: postconviction discovery.
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.
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.

Current Bill Text

Download Bill PDF