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 one year of incarceration or more, and would no longer require a showing that efforts to obtain discovery from trial counsel were unsuccessful. 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 additionally require trial counsel, for all criminal convictions on or after July 1, 2026 that result in a sentence of one year of incarceration or more, 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.

Statutes affected:
AB 1036: 1054.9 PEN
02/20/25 - Introduced: 1054.9 PEN