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Committee advances bill to expand post-conviction access to discovery materials
Summary
AB 10 36 would broaden which convicted people can request post-conviction discovery materials (including Brady materials and jury selection notes); the committee passed the bill to Appropriations amid negotiations with district attorneys over burdens and work product protections.
Assemblymember Schultz presented AB 10 36, which would expand access to post-conviction discovery materials for people convicted of felonies with sentences of one year or more. The committee passed the bill as amended to the Appropriations Committee.
Supporters — including Jasmine Harris of the California Innocence Coalition and multiple public-defender organizations — said access to original discovery, Brady material and jury-selection notes is essential to investigate claims of wrongful conviction, prepare post-conviction petitions and evaluate claims under statutes such as the Racial Justice Act and resentencing petitions under Penal Code 1172.6. Harris said the change would not alter the requirement that petitioners demonstrate good cause to obtain materials and noted sponsors were working with the California District Attorneys Association on narrow technical changes.
Opponents, led by the California District Attorneys Association (represented by Modoc County District Attorney Nina Salerno), said the bill as drafted could create excessive burdens on district attorneys’ offices and requested that existing procedural safeguards be preserved — specifically that petitioners first seek materials from defense counsel and that courts screen requests for jury-selection materials to protect prosecutorial work product and trial strategy. The committee and author agreed to continue negotiations; the author said stakeholders had productive discussions and expected to resolve concerns as the bill proceeds.
The committee recorded passage to the Appropriations Committee; the record shows advocacy from both public-defender and innocence organizations in favor and CDAA in opposition while negotiations continue.
