SB-1211 • 2026

Criminal procedure: postconviction investigation.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Gonzalez
Last action: 2026-04-20
Official status: Ordered to third reading.
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on the outcomes of investigations or how many cases will be affected.

Postconviction Investigation for Criminal Cases

This law requires district attorneys to notify the court when they intend to investigate a claim of factual innocence based on new evidence and gives them the power to issue subpoenas, compel document production, and file motions during this investigation.

What This Bill Does

Requires district attorneys to file a notice with the court if they want to investigate a case for claims of factual innocence based on newly discovered evidence.
Treats the case as open for investigation once the notice is filed.
Gives district attorneys the power to issue subpoenas and compel the production of documents and testimony during their investigation.

Who It Names or Affects

District attorneys who handle criminal cases
People who have been convicted of a crime but might be innocent based on new evidence

Terms To Know

Postconviction review: Looking at a case after someone has been found guilty to see if there is new information that could show they are innocent.
Subpoena: A legal order telling someone to give evidence or appear in court.

Limits and Unknowns

The bill does not specify what happens after the investigation is complete.
It's unclear how many cases will be affected by this law.

Bill History

2026-04-20 California Legislative Information
Ordered to third reading.
2026-04-20 California Legislative Information
From consent calendar on motion of Senator Gonzalez.
2026-04-15 California Legislative Information
Read second time. Ordered to consent calendar.
2026-04-14 California Legislative Information
From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0.) (April 14).
2026-04-06 California Legislative Information
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
2026-03-27 California Legislative Information
Set for hearing April 14.
2026-03-26 California Legislative Information
April 7 set for first hearing canceled at the request of author.
2026-03-23 California Legislative Information
Set for hearing April 7.
2026-03-04 California Legislative Information
Referred to Com. on PUB. S.
2026-02-20 California Legislative Information
From printer. May be acted upon on or after March 22.
2026-02-19 California Legislative Information
Introduced. Read first time. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 1211, as amended, Gonzalez.
Criminal procedure: postconviction investigation.
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.
This bill would, if the district attorney accepts a case for postconviction review,
require
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.

Current Bill Text

Read the full stored bill text

Download Bill PDF