CaliforniaAB 10362025-2026 Regular SessionHouseWALLET

Criminal procedure: postconviction discovery.

Sponsored By: Nick Schultz (Democratic)

Signed by Governor

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

More access to case files after conviction

If you were convicted of a felony and sent to state prison, the court must give you reasonable access to discovery to prepare a habeas petition or a motion to vacate, after you tried in good faith to get the files from your trial lawyer and failed. Discovery now includes anything the prosecution or police have that you would get if tried today, plus items that help show innocence or reduce guilt or sentence, including jury selection notes. The judge can also order access to physical evidence if you show it is reasonably needed; DNA testing still follows Section 1405 rules. The prosecution can ask to keep jury selection notes private for good cause; the judge may review them in private and redact parts, and not using peremptory challenges counts as good cause. If your sentence is not death or life without parole, repeat discovery after a prior grant is up to the judge, and you must say if you got discovery before. You must pay the actual costs of copying or examinations. “Prosecution” includes the prosecuting agency and the lawyer who responds to your habeas case, and this law does not make them search for new evidence unless a court orders it.

State reimbursement for local mandate costs

If the state commission finds this law creates state‑mandated costs, the state must reimburse local agencies and school districts. Repayment follows the standard mandate reimbursement process in the Government Code.

Defense lawyers must keep client files

In felony cases that lead to prison time, trial counsel must keep a copy of the client’s file for the whole prison term. A digital copy is allowed only if every item is saved in color. These retention rules apply to felony convictions on or after July 1, 2026.

Sponsors & Cosponsors

Sponsor

  • Nick Schultz

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 171 • No: 45

House vote 9/13/2025

Item 217 — Assembly AFLOOR

Yes: 54 • No: 18

Senate vote 9/12/2025

Item 36 — Senate SFLOOR

Yes: 28 • No: 9

legislature vote 8/29/2025

Vote in CS61

Yes: 5 • No: 2

legislature vote 8/18/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote 7/1/2025

Vote in CS72

Yes: 5 • No: 1

House vote 6/2/2025

Item 390 — Assembly AFLOOR

Yes: 53 • No: 13

legislature vote 5/23/2025

Vote in CX25

Yes: 12 • No: 2

legislature vote 4/1/2025

Vote in CX18

Yes: 7 • No: 0

Actions Timeline

  1. Chaptered by Secretary of State - Chapter 444, Statutes of 2025.

    10/7/2025Senate
  2. Approved by the Governor.

    10/7/2025legislature
  3. Enrolled and presented to the Governor at 3 p.m.

    9/24/2025legislature
  4. Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

    9/13/2025House
  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 18. Page 3466.).

    9/13/2025House
  6. In Assembly. Concurrence in Senate amendments pending.

    9/12/2025House
  7. Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9. Page 2993.).

    9/12/2025Senate
  8. Read second time. Ordered to third reading.

    9/2/2025Senate
  9. Read second time and amended. Ordered returned to second reading.

    8/29/2025Senate
  10. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).

    8/29/2025Senate
  11. In committee: Referred to suspense file.

    8/18/2025Senate
  12. Read second time and amended. Re-referred to Com. on APPR.

    7/3/2025Senate
  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 1).

    7/2/2025Senate
  14. Referred to Com. on PUB. S.

    6/11/2025Senate
  15. In Senate. Read first time. To Com. on RLS. for assignment.

    6/3/2025Senate
  16. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 13. Page 1913.)

    6/2/2025House
  17. Read second time. Ordered to third reading.

    5/27/2025House
  18. Read second time and amended. Ordered returned to second reading.

    5/23/2025House
  19. From committee: Amend, and do pass as amended. (Ayes 12. Noes 2.) (May 23).

    5/23/2025House
  20. Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)

    5/23/2025House
  21. In committee: Set, first hearing. Referred to APPR. suspense file.

    4/9/2025House
  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 1). Re-referred to Com. on APPR.

    4/2/2025House
  23. Referred to Com. on PUB. S.

    3/10/2025House
  24. From printer. May be heard in committee March 23.

    2/21/2025House
  25. Read first time. To print.

    2/20/2025House

Bill Text

  • Chaptered

    10/7/2025

  • Enrolled

    9/16/2025

  • Amended Senate

    8/29/2025

  • Amended Senate

    7/3/2025

  • Amended Assembly

    5/23/2025

  • Introduced

    2/20/2025

Related Bills

Back to State Legislation