Discovery: postconviction.

Existing law requires the court, in a case involving a conviction of a serious or violent felony resulting in a sentence of 15 years or more, to order that the defendant be provided reasonable access to discovery materials upon the 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. 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, existing law authorizes a subsequent order granting discovery to be made in the court's discretion. Existing law states that those provisions, which took effect January 1, 2019, apply prospectively. This bill would instead make those provisions also apply to a case in which a defendant has ever been convicted of those specified felonies. By expanding the number of circumstances under which the court would be authorized to require local agencies to provide access to physical evidence, the bill would impose a state-mandated local program. 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.