AB 1036: Criminal procedure: postconviction discovery.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 7, 2025Chaptered by Secretary of State - Chapter 444, Statutes of 2025.
2. October 7, 2025Approved by the Governor.
3. September 24, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 13, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 18. Page 3466.).
5. September 13, 2025Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
6. September 12, 2025In Assembly. Concurrence in Senate amendments pending.
7. September 12, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9. Page 2993.).
8. September 2, 2025Read second time. Ordered to third reading.
9. August 29, 2025Read second time and amended. Ordered returned to second reading.
10. August 29, 2025From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).
11. August 18, 2025In committee: Referred to suspense file.
12. July 3, 2025Read second time and amended. Re-referred to Com. on APPR.