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.
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Tim GraysonD Senator | Committee Member | Not Contacted | |
![]() Megan DahleR Senator | Committee Member | Not Contacted | |
![]() Kelly SeyartoR Senator | Committee Member | Not Contacted | |
![]() Aisha WahabD Senator | Committee Member | Not Contacted |
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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.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
5 | 1 | 0 | 6 | PASS |
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Tim GraysonD Senator | Committee Member | Not Contacted | |
![]() Megan DahleR Senator | Committee Member | Not Contacted | |
![]() Kelly SeyartoR Senator | Committee Member | Not Contacted | |
![]() Aisha WahabD Senator | Committee Member | Not Contacted |