SB-1211 • 2026

Criminal procedure: postconviction investigation.

Passed Legislature

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

Sponsor: Gonzalez
Last action: 2026-06-04
Official status: Referred to Com. on PUB. S.
Effective date: Not listed

Plain English Breakdown

The official source does not provide details on what happens if district attorneys do not accept a case for postconviction review, leaving this as an unknown.

Postconviction Investigation for Factual Innocence

This law allows district attorneys to investigate claims of factual innocence after a conviction and requires them to share findings with the person making the claim.

What This Bill Does

Allows district attorneys to file a notice with the court if they accept a case for postconviction review.
Deems cases accepted for postconviction review as open cases for investigation purposes.
Gives district attorneys the power to issue subpoenas and compel evidence during investigations.
Requires all materials obtained by the district attorney to be shared with the person making the claim or their lawyer within 60 days after the investigation ends.

Who It Names or Affects

District attorneys who handle postconviction cases
People who are convicted of crimes and want to prove they are innocent

Terms To Know

Postconviction review: A process where someone can challenge their conviction after the trial is over.
Subpoena: An official order to provide evidence or appear in court.

Limits and Unknowns

The bill does not specify what happens if district attorneys do not accept a case for postconviction review.
It is unclear how this law will affect the number of investigations into claims of factual innocence.

Bill History

2026-06-04 California Legislative Information
Referred to Com. on PUB. S.
2026-05-28 California Legislative Information
In Assembly. Read first time. Held at Desk.
2026-05-28 California Legislative Information
Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly.
2026-05-19 California Legislative Information
Read second time. Ordered to third reading.
2026-05-18 California Legislative Information
Ordered to second reading.
2026-05-18 California Legislative Information
Read third time and amended.
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. Page 3872.) (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, 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.

Current Bill Text

Read the full stored bill text

Download Bill PDF