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Bill would broaden post-conviction access to discovery, including limited jury-selection notes
Summary
AB 1036 would expand discovery access for people pursuing post-conviction relief, with in-camera review safeguards to balance work-product protections against evidence of racial bias in jury selection; district attorneys supported limited access controls while others warned of burden and funding needs for courts.
Assemblymember Schultz presented AB 1036, a bill that expands access to original discovery materials for incarcerated people pursuing post‑conviction claims, including habeas petitions, Racial Justice Act claims, and resentencing motions. The author said the measure is carefully limited and preserves work-product protections while allowing access where materials can show unconstitutional jury-selection practices.
"If jury selection notes reflect racial discrimination or improper motivation, then ... that's unconstitutional and impermissible conduct," Schultz said, noting an Alameda County example in which notes led to renewed review of death-penalty cases.
Supporters included innocence organizations, public defenders and civil-rights groups who stressed the need for evidence in post-conviction review. Opponents — chiefly the California District Attorneys Association — said current law already permits discovery orders in habeas cases and warned the bill would vastly expand discovery rights to anyone convicted of a felony with a one-year sentence, creating burdens for prosecutors and courts.
Senators raised concerns about court capacity and the absence of new funding to process expanded discovery requests; one member described the bill as a worthy policy but noted courts are already backlogged and under-resourced.
The committee did not take a vote because of a lack of quorum; the author said he accepted committee amendments and asked members to support the bill when it returns for a formal vote.
