SB 1211: Criminal procedure: postconviction investigation.

1566.

(a) (1) If the district attorney accepts a case for postconviction review, the district attorney may file a notice with the court notifying the court of intent to conduct a postconviction investigation of a claim of factual innocence.

(2) For purposes of this section, “accepts a case for postconviction review” means that a conviction integrity unit or other formally designated unit of a district attorney’s office that is tasked solely with the investigation and review of postconviction claims of factual innocence, or, if no such unit exists, a district attorney or team assigned by the district attorney’s office to conduct an independent postconviction investigation and review, has formally accepted for internal review a claim of factual innocence at the request or initiation of the petitioner alleging factual innocence.

(b) (1) Upon the filing of a notice described in subdivision (a), the case shall be treated as if it were an open case for the purposes of investigating a claim of factual innocence. The district attorney shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Section 1326, file motions necessary to investigate claims, including, but not limited to, motions for personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531, motions for court-ordered appointment of counsel, and motions for removal of prisoners consistent with the district attorney’s authority when initiating and conducting cases pursuant to Chapter 1 (commencing with Section 26500) of Part 3 of Division 2 of Title 3 of the Government Code and consistent with the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6.

(2) To the extent the district attorney seeks otherwise confidential materials relating to the petitioner, including, but not limited to, materials contained in the petitioner’s central file, institutional records, medical records, employment records, or school records, the district attorney shall obtain a written waiver from the petitioner or the petitioner’s counsel before the discovery is authorized.

(c) The authority granted under this section shall not be exercised if any direct appeal, habeas corpus proceeding, motion for new trial, or other collateral attack concerning the same conviction is pending in any state or federal court, unless the petitioner or petitioner’s counsel agrees to the exercise of that authority.

(d) All materials obtained pursuant to the powers conferred on the district attorney pursuant to this section shall be subject to a protective order issued by the court. The protective order shall ensure that the materials are used solely for purposes of the postconviction investigation or any proceedings in which the state seeks to vacate or modify the conviction or sentence, a request for a finding of factual innocence, or a state compensation proceeding, and shall prohibit disclosure except as authorized by the court upon a showing of good cause.

(e) If the district attorney learns, pursuant to the powers conferred on the district attorney pursuant to this section, of new, credible, and material evidence creating a reasonable likelihood that the petitioner did not commit an offense of which the petitioner was convicted, the district attorney shall promptly disclose that evidence to the court, and if the conviction was obtained in the district attorney’s jurisdiction, promptly disclose that evidence to the petitioner unless the court authorizes delay.

(f) All materials obtained pursuant to this section shall be equally disclosed to the petitioner or the petitioner’s counsel within 60 days of the termination of the investigation.

(g) This section does not relieve a district attorney’s obligation to seek to remedy a conviction upon a determination of factual innocence.

(h) A district attorney may implement written policies and procedures to ensure compliance with this section.