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 Bill Text - AB-1036 Criminal procedure: postconviction discovery.

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 |Add To My Favorites |Track Bill | Version: 10/07/25 - Chaptered
 09/16/25 - Enrolled
 08/29/25 - Amended Senate
 07/03/25 - Amended Senate
 05/23/25 - Amended Assembly
 02/20/25 - Introduced

 AB-1036 Criminal procedure: postconviction discovery.(2025-2026)

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 Date Published: 10/08/2025 10:00 AM

AB1036:v94#DOCUMENTBill Start

 Assembly Bill

 No. 1036

 CHAPTER 444

 An act to amend Section 1054.9 of the Penal Code, relating to criminal procedure. 

 [
 Approved by

 Governor
 October 07, 2025.

 Filed with

 Secretary of State
 October 07, 2025.
 ]

LEGISLATIVE COUNSEL'S DIGEST

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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1054.9 of the Penal Code is amended to read:

1054.9.

 (a) In a case in which a defendant is or has ever been convicted of a felony resulting in incarceration in the Department of Corrections and Rehabilitation, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a
 protective order prohibits disclosure, order that the defendant be provided reasonable access to any of t