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CA AB1036
Bill
Status
10/7/2025
Primary Sponsor
Nick Schultz
Click for details
AI Summary
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Expands postconviction discovery access from serious/violent felonies with 15+ year sentences to all felonies resulting in incarceration in the Department of Corrections and Rehabilitation
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Broadens "discovery materials" definition to include materials that tend to negate guilt, mitigate the sentence or offense, and materials the convicted person would be entitled to if tried today, including prosecution jury selection notes
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Requires prosecutors seeking to withhold jury selection notes to make a foundational proffer showing how the information relates to case strategy; courts must conduct in camera review and order necessary redactions if good cause is found
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Mandates trial counsel retain digital color copies of every file item for all felony convictions resulting in state prison incarceration on or after July 1, 2026, for the duration of the client's imprisonment
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Creates a state-mandated local program by increasing public defender duties, with reimbursement to local agencies if the Commission on State Mandates determines costs are mandated by the state
Legislative Description
Criminal procedure: postconviction discovery.
Last Action
Chaptered by Secretary of State - Chapter 444, Statutes of 2025.
10/7/2025