Fabio
95 lines
7.0 KiB
Markdown
95 lines
7.0 KiB
Markdown
---
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type: "Bill"
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title: "Criminal procedure: postconviction discovery."
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description: "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."
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jurisdiction: "us/states/ca"
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legislature: "California Legislature"
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session: "20252026"
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identifier: "AB 1036"
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citation: "California AB 1036 (20252026)"
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classification: ["bill"]
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subjects: ["Criminalprocedure", "postconvictiondiscovery"]
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status: "enacted"
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primary_sponsors: ["Schultz"]
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version_count: 7
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action_count: 25
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vote_count: 8
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first_action: "2025-02-20"
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last_action: "2025-10-07"
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source: "openstates"
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source_identifier: "ocd-bill/0cb46027-bd2d-4b79-807a-9c038dff66ce"
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source_url: "http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1036"
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source_hash: "f83cd06bbe06cf12b6515ab918421781a1b023d8fecdaf9d8d549b67568fd035"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-ca"]
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---
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# California AB 1036 (20252026) — Criminal procedure: postconviction discovery.
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **02/20/25 - Introduced** (filed) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB1036&version=20250AB103699INT)
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2. **05/23/25 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB1036&version=20250AB103698AMD)
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3. **07/03/25 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB1036&version=20250AB103697AMD)
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4. **08/29/25 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB1036&version=20250AB103696AMD)
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5. **10/07/25 - Chaptered** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB1036&version=20250AB103694CHP)
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6. **AB1036** (committee substitute) — [source](http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1036)
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7. **09/16/25 - Enrolled** (enrolled) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB1036&version=20250AB103695ENR)
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## Votes
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- AB 1036 Schultz Concurrence in Senate Amendments — **54–18** (pass) · lower
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- 3rd Reading AB1036 Schultz By Arreguín — **28–9** (pass) · upper
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- AB 1036 Schultz Assembly Third Reading — **53–13** (pass) · lower
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- Do pass as amended — **5–2** (pass) · upper
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- Do pass as amended. — **12–2** (pass) · lower
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- Do pass and be re-referred to the Committee on [Appropriations] — **7–0** (pass) · lower
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- Placed on suspense file — **7–0** (pass) · upper
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- Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] — **5–1** (pass) · upper
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## Sponsors
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- Schultz — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-02-20** Read first time. To print. `reading-1`
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- **2025-02-21** From printer. May be heard in committee March 23.
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- **2025-03-10** Referred to Com. on PUB. S. `referral-committee`
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- **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`
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- **2025-04-09** In committee: Set, first hearing. Referred to APPR. suspense file. `referral-committee`
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- **2025-05-23** Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
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- **2025-05-23** From committee: Amend, and do pass as amended. (Ayes 12. Noes 2.) (May 23). `amendment-introduction, amendment-passage, committee-passage`
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- **2025-05-23** Read second time and amended. Ordered returned to second reading. `amendment-passage, reading-1, reading-2`
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- **2025-05-27** Read second time. Ordered to third reading. `reading-1, reading-2`
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- **2025-06-02** Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 13. Page 1913.) `passage, reading-1, reading-3`
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- **2025-06-03** In Senate. Read first time. To Com. on RLS. for assignment. `reading-1`
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- **2025-06-11** Referred to Com. on PUB. S. `referral-committee`
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- **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`
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- **2025-07-03** Read second time and amended. Re-referred to Com. on APPR. `amendment-passage, reading-1, reading-2, referral-committee`
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- **2025-08-18** In committee: Referred to suspense file. `referral-committee`
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- **2025-08-29** From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29). `amendment-introduction, amendment-passage, committee-passage`
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- **2025-08-29** Read second time and amended. Ordered returned to second reading. `amendment-passage, reading-1, reading-2`
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- **2025-09-02** Read second time. Ordered to third reading. `reading-1, reading-2`
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- **2025-09-12** Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9. Page 2993.). `passage, reading-1, reading-3`
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- **2025-09-12** In Assembly. Concurrence in Senate amendments pending.
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- **2025-09-13** Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
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- **2025-09-13** Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 18. Page 3466.). `amendment-passage, committee-passage-favorable`
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- **2025-09-24** Enrolled and presented to the Governor at 3 p.m.
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- **2025-10-07** Approved by the Governor. `executive-signature`
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- **2025-10-07** Chaptered by Secretary of State - Chapter 444, Statutes of 2025. `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/0cb46027-bd2d-4b79-807a-9c038dff66ce`. Confidence: reported (aggregated from official California legislature records).
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