SB 1211
Criminal procedure: postconviction investigation.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
In Floor Process
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Bill 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.
- Designates a specific unit within the district attorney’s office to handle postconviction reviews.
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SB1211:v98#DOCUMENT
Bill Start
| Amended IN Senate April 06, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 1211
| Introduced by Senator Gonzalez |
| February 19, 2026 |
An act to add Chapter 6 (commencing with Section 1566) to Title 12 of Part 2 of the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 1211, as amended, Gonzalez. Criminal procedure: postconviction investigation.
Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes procedures for litigating claims of factual innocence based on newly discovered evidence, including a motion for a new trial or a writ of habeas corpus.
This bill would, if the district attorney accepts a case for postconviction review, require as defined, authorize the district attorney to file a notice with the court notifying the court of the intent to investigate a claim of factual innocence. The bill would, upon the filing of the above-described notice, deem the case to be treated as if it were an open case for the purposes of investigating a claim of factual innocence. The bill would provide the district attorney with the power to issue subpoenas, compel the production of document and testimony, and file necessary motions to investigate claims, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6 (commencing with Section 1566) is added to Title 12 of Part 2 of the Penal Code, to read:
CHAPTER 6. Postconviction Investigation
1566.
(a) (1)If the district attorney accepts a case for postconviction review, the district attorney shall may file a notice with the court notifying the court of intent to conduct a postconviction investigation of a claim of factual innocence.
(2) For purposes of this section, “accepts a case for postconviction review” means that a conviction integrity unit or other formally designated unit of a district attorney’s office that is structurally independent from the trial, appellate, and habeas litigation divisions of the office, has formally accepted for internal review a claim of factual innocence at the request or initiation of the petitioner alleging factual innocence.
(b) (1)Upon the filing of a notice described in subdivision (a), the case shall be treated as if it were an open case for the purposes of investigating a claim of factual innocence. The district attorney shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Section 1326, file motions necessary to investigate claims, including, but not limited to, motions for personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531, motions for court-ordered appointment of counsel, and motions for removal of prisoners consistent with the district attorney’s authority when initiating and conducting cases pursuant to Chapter 1 (commencing with Section 26500) of Part 3 of Division 2 of Title 3 of the Government Code and consistent with the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6.
(2) To the extent the district attorney seeks otherwise confidential materials relating to the petitioner, including, but not limited to, materials contained in the petitioner’s central file or institutional records, the district attorney shall obtain a written waiver from the petitioner or the petitioner’s counsel before the discovery is authorized.(c) The authority granted under this section shall not be exercised if any direct appeal, habeas corpus proceeding, motion for new trial, or other collateral attack concerning the same conviction is pending in any state or federal court, unless the petitioner or petitioner’s counsel agrees to the exercise of that authority.