California AB1036 expands postconviction discovery rights for felony defendants.

AB1036 would authorize reasonable access, except as specified, to discovery materials for felonies resulting in a sentence of incarceration in the Department of Corrections and Rehabilitation. 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 clarify the definition of “the prosecution” to include the prosecuting agency and counsel for the respondent to a habeas corpus petition.

California AB1036 expands postconviction discovery rights for felony defendants.

AB1036 would authorize reasonable access, except as specified, to discovery materials for felonies resulting in a sentence of incarceration in the Department of Corrections and Rehabilitation. 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 clarify the definition of “the prosecution” to include the prosecuting agency and counsel for the respondent to a habeas corpus petition.