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.
California AB 1036 (20252026) — 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.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
AB 1036 Schultz Assembly Third Reading — 53–13 (pass) · lower
Do pass as amended — 5–2 (pass) · upper
Do pass as amended. — 12–2 (pass) · lower
Do pass and be re-referred to the Committee on [Appropriations] — 7–0 (pass) · lower
Placed on suspense file — 7–0 (pass) · upper
Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] — 5–1 (pass) · upper
Sponsors
Schultz — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2025-02-20 Read first time. To print. reading-1
2025-02-21 From printer. May be heard in committee March 23.
2025-03-10 Referred to Com. on PUB. S. referral-committee
2025-04-02 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 1). Re-referred to Com. on APPR. committee-passage, committee-passage-favorable, referral-committee
2025-04-09 In committee: Set, first hearing. Referred to APPR. suspense file. referral-committee
2025-05-23 From committee: Amend, and do pass as amended. (Ayes 12. Noes 2.) (May 23). amendment-introduction, amendment-passage, committee-passage
2025-05-23 Read second time and amended. Ordered returned to second reading. amendment-passage, reading-1, reading-2
2025-05-27 Read second time. Ordered to third reading. reading-1, reading-2
2025-06-02 Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 13. Page 1913.) passage, reading-1, reading-3
2025-06-03 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2025-06-11 Referred to Com. on PUB. S. referral-committee
2025-07-02 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 1). amendment-introduction, amendment-passage, committee-passage, referral-committee
2025-07-03 Read second time and amended. Re-referred to Com. on APPR. amendment-passage, reading-1, reading-2, referral-committee
2025-08-18 In committee: Referred to suspense file. referral-committee
2025-08-29 From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29). amendment-introduction, amendment-passage, committee-passage
2025-08-29 Read second time and amended. Ordered returned to second reading. amendment-passage, reading-1, reading-2
2025-09-02 Read second time. Ordered to third reading. reading-1, reading-2
2025-09-12 Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9. Page 2993.). passage, reading-1, reading-3
2025-09-12 In Assembly. Concurrence in Senate amendments pending.