CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1036Introduced by Assembly Member SchultzFebruary 20, 2025 An act to amend Section 1054.9 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1036, as introduced, Schultz. Criminal procedure: postconviction discovery.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 clients 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1054.9 of the Penal Code is amended to read:1054.9. (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c).(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the courts discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section.(c) For purposes of this section, discovery materials means materials in the possession of the prosecution and law enforcement authorities to which that the same defendant would have been entitled at time of trial. trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. Discovery materials includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted persons original trial. Discovery materials includes the prosecutors jury selection notes.(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendants effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.(g) In criminal matters involving a conviction for a serious or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, trial counsel shall retain a copy of a former clients files for the term of that clients imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026.(h)As used in this section, a serious felony is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.(i)As used in this section, a violent felony is a conviction of a felony enumerated in subdivision (c) of Section 667.5.(j)Subdivision (g) only applies prospectively, commencing January 1, 2019.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1036Introduced by Assembly Member SchultzFebruary 20, 2025 An act to amend Section 1054.9 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1036, as introduced, Schultz. Criminal procedure: postconviction discovery.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 clients 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1036
Introduced by Assembly Member SchultzFebruary 20, 2025
Introduced by Assembly Member Schultz
February 20, 2025
An act to amend Section 1054.9 of the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1036, as introduced, Schultz. Criminal procedure: postconviction discovery.
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 clients 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.
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 clients 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1054.9 of the Penal Code is amended to read:1054.9. (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c).(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the courts discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section.(c) For purposes of this section, discovery materials means materials in the possession of the prosecution and law enforcement authorities to which that the same defendant would have been entitled at time of trial. trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. Discovery materials includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted persons original trial. Discovery materials includes the prosecutors jury selection notes.(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendants effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.(g) In criminal matters involving a conviction for a serious or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, trial counsel shall retain a copy of a former clients files for the term of that clients imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026.(h)As used in this section, a serious felony is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.(i)As used in this section, a violent felony is a conviction of a felony enumerated in subdivision (c) of Section 667.5.(j)Subdivision (g) only applies prospectively, commencing January 1, 2019.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1054.9 of the Penal Code is amended to read:1054.9. (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c).(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the courts discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section.(c) For purposes of this section, discovery materials means materials in the possession of the prosecution and law enforcement authorities to which that the same defendant would have been entitled at time of trial. trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. Discovery materials includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted persons original trial. Discovery materials includes the prosecutors jury selection notes.(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendants effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.(g) In criminal matters involving a conviction for a serious or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, trial counsel shall retain a copy of a former clients files for the term of that clients imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026.(h)As used in this section, a serious felony is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.(i)As used in this section, a violent felony is a conviction of a felony enumerated in subdivision (c) of Section 667.5.(j)Subdivision (g) only applies prospectively, commencing January 1, 2019.
SECTION 1. Section 1054.9 of the Penal Code is amended to read:
### SECTION 1.
1054.9. (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c).(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the courts discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section.(c) For purposes of this section, discovery materials means materials in the possession of the prosecution and law enforcement authorities to which that the same defendant would have been entitled at time of trial. trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. Discovery materials includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted persons original trial. Discovery materials includes the prosecutors jury selection notes.(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendants effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.(g) In criminal matters involving a conviction for a serious or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, trial counsel shall retain a copy of a former clients files for the term of that clients imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026.(h)As used in this section, a serious felony is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.(i)As used in this section, a violent felony is a conviction of a felony enumerated in subdivision (c) of Section 667.5.(j)Subdivision (g) only applies prospectively, commencing January 1, 2019.
1054.9. (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c).(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the courts discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section.(c) For purposes of this section, discovery materials means materials in the possession of the prosecution and law enforcement authorities to which that the same defendant would have been entitled at time of trial. trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. Discovery materials includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted persons original trial. Discovery materials includes the prosecutors jury selection notes.(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendants effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.(g) In criminal matters involving a conviction for a serious or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, trial counsel shall retain a copy of a former clients files for the term of that clients imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026.(h)As used in this section, a serious felony is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.(i)As used in this section, a violent felony is a conviction of a felony enumerated in subdivision (c) of Section 667.5.(j)Subdivision (g) only applies prospectively, commencing January 1, 2019.
1054.9. (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c).(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the courts discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section.(c) For purposes of this section, discovery materials means materials in the possession of the prosecution and law enforcement authorities to which that the same defendant would have been entitled at time of trial. trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. Discovery materials includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted persons original trial. Discovery materials includes the prosecutors jury selection notes.(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendants effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.(g) In criminal matters involving a conviction for a serious or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, trial counsel shall retain a copy of a former clients files for the term of that clients imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026.(h)As used in this section, a serious felony is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.(i)As used in this section, a violent felony is a conviction of a felony enumerated in subdivision (c) of Section 667.5.(j)Subdivision (g) only applies prospectively, commencing January 1, 2019.
1054.9. (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c).
(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the courts discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section.
(c) For purposes of this section, discovery materials means materials in the possession of the prosecution and law enforcement authorities to which that the same defendant would have been entitled at time of trial. trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. Discovery materials includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted persons original trial. Discovery materials includes the prosecutors jury selection notes.
(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendants effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.
(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.
(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.
(g) In criminal matters involving a conviction for a serious or a violent felony resulting in a sentence of 15 years or more, felony resulting in a sentence of one year of incarceration or more, trial counsel shall retain a copy of a former clients files for the term of that clients imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026.
(h)As used in this section, a serious felony is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.
(i)As used in this section, a violent felony is a conviction of a felony enumerated in subdivision (c) of Section 667.5.
(j)Subdivision (g) only applies prospectively, commencing January 1, 2019.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.