Criminal procedure: postconviction discovery.

Assembly Member Schultz's postconviction discovery legislation proposes fundamental changes to California's criminal procedure requirements, expanding access to evidence for defendants serving felony sentences of one year or more, compared to the current 15-year threshold.

The bill eliminates the requirement for defendants to demonstrate unsuccessful attempts to obtain discovery from trial counsel before accessing materials. It also broadens the definition of discoverable materials to include any evidence that could negate guilt or mitigate sentences, along with prosecutors' jury selection notes. These materials must be provided regardless of whether they were discoverable during the original trial, though defendants must cover examination and copying costs.

For convictions after July 1, 2026, the legislation requires trial counsel to maintain color digital copies of all case files for felony sentences of one year or more throughout a client's incarceration. Access to physical evidence requires defendants to demonstrate good cause showing the materials are necessary for relief efforts. The bill maintains separate procedures for obtaining evidence for postconviction DNA testing. Given the expanded obligations for public defenders, the measure includes provisions for state reimbursement of local agencies' mandated costs, as determined by the Commission on State Mandates.