Criminal procedure: postconviction discovery.

The bill text was reformatted from the official chaptered document (with page numbers, centered headers, and traditional legislative formatting) into a web page layout that includes site navigation elements (header links, search boxes, sidebar menus, share buttons, and version history dropdown). The underlying statutory language of Section 1054.9 and Section 2 is unchanged.

The word 'Rehabilitation' was accidentally inserted after 'Section 1170,' in two places in the operative text (subdivisions (a) and (g)) and once in the legislative digest. This appears to be a drafting error where part of the phrase 'Department of Corrections and Rehabilitation' was misplaced, not an intentional policy change.

The legislative digest corrected a tracked-change artifact that read 'would inhibit bear on their case strategy' to simply 'would bear on their case strategy,' resolving an unresolved edit from a prior version.

The amendment date was updated from July 3, 2025 to August 29, 2025, with the prior date retained as a secondary line for version tracking. Page numbering shifted from 97 to 96 due to formatting adjustments.

The eligibility threshold was lowered from a serious or violent felony with a sentence of 15 years or more to any felony resulting in a sentence of one year or more of incarceration. This vastly increases the number of cases covered by the postconviction discovery provisions.

A new requirement was added that the incarceration must be in the Department of Corrections and Rehabilitation or in a county jail pursuant to subdivision (h) of Section 1170, narrowing eligibility to those actually serving time in a custodial facility rather than on probation or other non-custodial sentences.

A new definition clarifies that 'the prosecution' includes both the prosecuting agency and counsel for the respondent to a habeas corpus petition, making clear who is obligated to produce discovery materials.

The definitions of 'serious felony' (subdivision h) and 'violent felony' (subdivision i) were removed because the bill no longer uses those terms after expanding to cover all felonies meeting the one-year threshold.

A new provision states that the section does not impose an additional obligation on the prosecution or law enforcement to investigate the existence of new discovery materials, though it does not prevent a court from ordering such an investigation when appropriate.

New procedures were added for protecting jury selection notes: the prosecution must make a foundational proffer explaining how disclosure would inhibit case strategy, the court must conduct an in camera review and order redactions if good cause is found, and the prosecution's failure to exercise any peremptory challenges during jury selection automatically constitutes good cause to withhold the notes.

The prospective application clause stating that subdivision (g) only applies commencing January 1, 2019 was removed, likely because the file retention provision now has its own effective date of July 1, 2026.

Removed the requirement that the felony sentence be at least one year of incarceration. Now any felony resulting in incarceration in the Department of Corrections and Rehabilitation or county jail qualifies for post-conviction discovery access, regardless of sentence length.

Changed the standard for shielding jury selection notes from 'would inhibit their case strategy' to 'would bear on their case strategy' (though the diff shows both words present, likely a drafting error). The lower 'bear on' standard would make it easier for prosecutors to withhold jury selection notes.

Summary paragraph updated to remove reference to the one-year threshold and to remove language stating the bill would no longer require a showing that efforts to obtain discovery from trial counsel were unsuccessful (the statutory text still contains this requirement).

Section 1054.9(a) no longer covers felonies resulting in incarceration in a county jail pursuant to subdivision (h) of Section 1170. Postconviction discovery access is now limited to cases involving state prison (CDCR) sentences only.

Section 1054.9(g) trial counsel file retention requirement no longer applies to county jail sentences under subdivision (h) of Section 1170. Counsel must now retain files only for felonies resulting in CDCR incarceration.