Bill Text: CA AB1987 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Discovery: postconviction.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-09-18 - Chaptered by Secretary of State - Chapter 482, Statutes of 2018. [AB1987 Detail]

Download: California-2017-AB1987-Amended.html

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Amended  IN  Assembly  April 12, 2018

Amended  IN  Assembly  April 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1987

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Introduced by Assembly Member Lackey
(Coauthor: Senator Skinner)

February 01, 2018

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An act to amend Section 1054.9 of the Penal Code, relating to discovery.

LEGISLATIVE COUNSEL'S DIGEST

AB 1987, as amended, Lackey. Discovery: postconviction.

Existing law requires, in a case in which a sentence of death or life in prison without the possibility of parole has been imposed, a court to order that a defendant be provided reasonable access to discovery materials upon prosecution of a postconviction writ of habeas corpus or a motion to vacate judgment and a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful. Existing law defines “discovery materials” for these purposes as materials in the possession of the prosecuting and law enforcement authorities to which the defendant would have been entitled at time of trial.

This bill would expand this right of access to discovery materials to any case in which a defendant is convicted of a serious or violent felony, a conviction resulting in a sentence of 15 years or more, or a conviction for specified crimes. The bill would specify that the prosecution or law enforcement authorities are under no obligation to search for or obtain materials not currently possessed. By authorizing the court to require local agencies to provide access to physical evidence under certain circumstances, this bill would impose a state-mandated local program.

The bill would, in a case in which a sentence other than death or life in prison without the possibility of parole has been imposed, if a court has entered a previous order granting discovery pursuant to the above provision, authorize a subsequent order granting discovery to be made in the court’s discretion. The bill would require a subsequent request for discovery to include a statement by the person requesting discovery as to whether he or she has previously been granted an order for discovery.

The bill would, in cases involving a conviction resulting in a sentence of 15 years or more for a serious or violent felony, require the attorney for the defendant to retain a copy of his or her client’s files for the term of his or her imprisonment.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1054.9 of the Penal Code is amended to read:

1054.9.

 (a) In a case involving a serious felony or a violent felony, a conviction resulting in a sentence of 15 years or more, or a conviction for an offense specified in subdivision (g), upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), order that the defendant be provided reasonable access to any of the materials described in subdivision (c).

(b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole has been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the court’s discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether he or she has previously been granted an order for discovery pursuant to this section.

(c) For purposes of this section, “discovery materials” means materials in the possession of the prosecution and law enforcement authorities to which the same defendant would have been entitled at time of trial. The prosecution and law enforcement authorities are under no obligation to search for or obtain materials not currently possessed.

(d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendant’s effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes.

(e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.

(f) This section does not require the retention of any discovery materials not otherwise required by law or court order.

(g) This section applies to a conviction for an offense described in Section 261, 262, 269, 286, 288, 288a, 288.7, or 289, an aggravated assault in violation of Section 273ab, or any conviction that results in a life sentence, including, but not limited, a sentence imposed pursuant to Section 667, 667.61, 667.71, or 1170.12.

(h) In a case involving a conviction resulting in a sentence of 15 years or more for a serious or violent felony, the attorney for the defendant shall retain a copy of his or her client’s files for the term of his or her imprisonment. An electronic copy is sufficient to satisfy the requirement of this subdivision only if every item in the file is digitally copied and preserved.

(i) As used in this section, a “serious felony” is a conviction of a felony enumerated in subdivision (c) of Section 1192.7.

(j) As used in this section, a “violent felony” is a conviction of a felony enumerated in subdivision (c) of Section 667.5.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.