AB 1036: Criminal procedure: postconviction discovery.
The bill aims to amend the penal code to improve access to discovery materials for defendants in serious or violent felony cases. It broadens the definition of "discovery materials" to include materials from prosecutors and other relevant parties, such as notes on mitigating the sentence or offense. The bill requires prosecutors to make a foundational proffer describing how certain information in their files would impact their case strategy, and to conduct an in-camera review and order necessary redactions when requested. Defendants in cases resulting in a sentence of 15 years or more will have reasonable access to discovery materials, including jury selection notes, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate judgment. Trial counsel will be required to retain digital copies of every item in the file for all criminal convictions on or after July…
| Oct. 07, 2025 | Chaptered by Secretary of State - Chapter 444, Statutes of 2025. |
| Oct. 07, 2025 | Approved by the Governor. |
| Sep. 24, 2025 | Enrolled and presented to the Governor at 3 p.m. |
| Sep. 13, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 18. Page 3466.). |
| Sep. 13, 2025 | Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.) |