Criminal procedure: postconviction investigation.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill changes the process for investigating claims of factual innocence after a criminal conviction. If a district attorney agrees to review a case, they must notify the court and can then conduct an investigation, including issuing subpoenas and gathering evidence. The investigation is treated as an open case, allowing the district attorney to utilize standard legal procedures to examine the claim. The bill also includes provisions to protect confidential materials and prevent concurrent legal proceedings.
Key provisions
- District attorneys can file a notice to initiate a postconviction investigation.
- The case is treated as an open case for investigative purposes.
- District attorneys can issue subpoenas and compel document and testimony production.
- District attorneys can file motions for personnel records and court-ordered counsel.
- The district attorney must obtain a waiver for confidential materials.
- Investigation cannot proceed if a direct appeal or habeas corpus is already underway.
- The bill establishes a process for a conviction integrity unit to review claims of factual innocence.
Who is affected
- Defendants convicted of crimes
- District Attorneys
- Criminal Defense Attorneys
- Courts
- Prisoners
Notable changes
- Requires district attorneys to formally notify the court of intent to investigate.
Bill text
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