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    AB-1036
    Justice & Public Safety

    Criminal procedure: postconviction discovery.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Expands access to criminal case records for defendants seeking to challenge their felony convictions.
    • Requires prosecutors to share jury selection notes unless they can prove a need to keep them private.
    • Mandates attorneys to keep digital color copies of all case files for incarcerated clients starting July 2026.
    • Broadens the definition of evidence that must be shared to include any materials that could help prove innocence.

    Summary

    Assembly Member Schultz's postconviction discovery legislation expands access to evidence and records for individuals convicted of felonies who are serving sentences in state prison or county jail. The measure modifies existing law by broadening the scope of materials courts must make available during habeas corpus proceedings or motions to vacate judgment, provided defendants first demonstrate unsuccessful good-faith efforts to obtain records from their trial counsel.

    The bill redefines "discovery materials" to encompass any evidence that could negate guilt or reduce sentences, including items that may not have been discoverable during the original trial. It establishes new protocols for handling prosecutors' jury selection notes, requiring them to demonstrate good cause and submit to court review before withholding these documents. The legislation also clarifies that "prosecution" includes both the prosecuting agency and counsel responding to habeas corpus petitions.

    For convictions after July 1, 2026, the measure requires trial counsel to maintain complete digital color copies of case files throughout a client's incarceration. While defendants must cover the costs of accessing and copying materials, local agencies can seek state reimbursement for new expenses created by the expanded retention requirements. The bill maintains existing procedures for accessing physical evidence and DNA testing materials through separate statutory provisions.

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing has not been scheduled yet
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1036 Schultz Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    0 of 8 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Nick SchultzD
    Assemblymember
    Bill Author
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    Discovery: postconviction.
    February 2019
    Passed
    View Bill
    Discovery: postconviction.
    February 2018
    Passed
    View Bill
    Showing 2 of 2 items
    Page 1 of 1

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Nick Schultz
    Nick SchultzD
    California State Assembly Member
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Latest Voting History

    View History
    July 1, 2025
    PASS
    Senate Committee
    Senate Public Safety Hearing
    AyesNoesNVRTotalResult
    5106PASS

    Key Takeaways

    • Expands access to criminal case records for defendants seeking to challenge their felony convictions.
    • Requires prosecutors to share jury selection notes unless they can prove a need to keep them private.
    • Mandates attorneys to keep digital color copies of all case files for incarcerated clients starting July 2026.
    • Broadens the definition of evidence that must be shared to include any materials that could help prove innocence.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Nick Schultz
    Nick SchultzD
    California State Assembly Member

    Summary

    Assembly Member Schultz's postconviction discovery legislation expands access to evidence and records for individuals convicted of felonies who are serving sentences in state prison or county jail. The measure modifies existing law by broadening the scope of materials courts must make available during habeas corpus proceedings or motions to vacate judgment, provided defendants first demonstrate unsuccessful good-faith efforts to obtain records from their trial counsel.

    The bill redefines "discovery materials" to encompass any evidence that could negate guilt or reduce sentences, including items that may not have been discoverable during the original trial. It establishes new protocols for handling prosecutors' jury selection notes, requiring them to demonstrate good cause and submit to court review before withholding these documents. The legislation also clarifies that "prosecution" includes both the prosecuting agency and counsel responding to habeas corpus petitions.

    For convictions after July 1, 2026, the measure requires trial counsel to maintain complete digital color copies of case files throughout a client's incarceration. While defendants must cover the costs of accessing and copying materials, local agencies can seek state reimbursement for new expenses created by the expanded retention requirements. The bill maintains existing procedures for accessing physical evidence and DNA testing materials through separate statutory provisions.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing has not been scheduled yet
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1036 Schultz Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Latest Voting History

    View History
    July 1, 2025
    PASS
    Senate Committee
    Senate Public Safety Hearing
    AyesNoesNVRTotalResult
    5106PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    0 of 8 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Nick SchultzD
    Assemblymember
    Bill Author
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    Discovery: postconviction.
    February 2019
    Passed
    View Bill
    Discovery: postconviction.
    February 2018
    Passed
    View Bill
    Showing 2 of 2 items
    Page 1 of 1