SB 1211 California Senate · 2025-2026 Regular Session

Criminal procedure: postconviction investigation.

Summary

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, 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. The bill would also require all materials obtained by the district attorney to be subject to a protective order, as specified, and to be disclosed to the petitioner or the petitioner's counsel within 60 days of the termination of the investigation.

Issues: ✓ Criminal Justice

Bill status passed both 4 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Aug 2026

Senate Passage

May 2026

Assembly Passage

Aug 2026

Governor

Introduced Feb 19, 2026 Last action Aug 21, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

08/19/26 - Enrolled → SB1211 · 1 edit

MINOR

No substantive policy changes were made between these two versions. The difference is entirely presentational: the bill text was reformatted from a traditional legislative document layout into a web page rendering on the California Legislature website, adding navigation elements and reorganizing status information while preserving identical statutory language.

TECHNICAL

The document was converted from a traditional enrolled bill format (with page numbers, signature blocks, and formal chapter headings) to a web page layout with navigation menus, sidebar links, and online status tracking. All substantive statutory text in Section 1566(a)-(h) remains identical between the two versions.

04/06/26 - Amended Senate → 05/18/26 - Amended Senate · 8 edits · May 18, 2026

MODERATE

The May 18 amendment makes the district attorney's filing of a postconviction investigation notice optional rather than mandatory, broadens which office structures can accept cases for review, and adds several new procedural protections including a court-issued protective order for all materials, a duty to promptly disclose exculpatory evidence, and a 60-day deadline to share all investigation materials with the petitioner. These changes balance DA discretion with stronger safeguards for the rights of petitioners claiming factual innocence.

Scope change

The bill's scope was broadened in two ways: first, by allowing cases to be accepted for review even when no dedicated conviction integrity unit exists (as long as the DA assigns an independent investigator), and second, by adding new procedural obligations (protective orders, exculpatory evidence disclosure, 60-day material sharing) that apply to all postconviction investigations conducted under this chapter.

REQUIREMENT

The district attorney's obligation to file a notice with the court was changed from mandatory ('shall') to permissive ('may'), giving DAs discretion over whether to formally notify the court of their intent to investigate.

The list of confidential materials requiring a written waiver from the petitioner before discovery was expanded to include medical records, employment records, and school records, in addition to the previously listed central file and institutional records.

A new subdivision (e) creates a duty for the district attorney to promptly disclose to the court any new, credible, and material evidence creating a reasonable likelihood that the petitioner did not commit the offense, and to disclose it to the petitioner as well if the conviction was in the DA's jurisdiction.

A new subdivision (g) clarifies that the section does not relieve a district attorney's existing obligation to seek to remedy a conviction upon a determination of factual innocence.

ELIGIBILITY

The definition of 'accepts a case for postconviction review' was broadened. Previously it required a structurally independent conviction integrity unit or similar designated unit. Now it also covers situations where no such unit exists, as long as the DA assigns a person or team to conduct an independent investigation and review.

ENFORCEMENT

A new subdivision (d) requires all materials obtained during the investigation to be subject to a court-issued protective order limiting their use to the postconviction investigation or related proceedings, and prohibiting disclosure except upon a showing of good cause.

TIMELINE

A new subdivision (f) requires all materials obtained during the investigation to be disclosed to the petitioner or their counsel within 60 days of the termination of the investigation.

TECHNICAL

A new subdivision (h) permits a district attorney to implement written policies and procedures to ensure compliance with the section.

02/19/26 - Introduced → 04/06/26 - Amended Senate · 4 edits · Apr 6, 2026

MODERATE

The amended version makes three substantive policy changes: it converts the district attorney's obligation to file a notice from mandatory to permissive, adds a definition requiring that the reviewing unit be structurally independent from trial and appellate divisions, and adds two new protections - a written waiver requirement before accessing confidential petitioner records and a prohibition on exercising authority while other postconviction proceedings are pending unless the petitioner agrees.

Scope change

The bill now applies only when a structurally independent unit (such as a conviction integrity unit) formally accepts a case at the petitioner's request or initiation, and it cannot be exercised while other postconviction proceedings are pending without the petitioner's consent. This narrows applicability compared to the introduced version, which applied whenever a district attorney accepted a case for postconviction review.

REQUIREMENT

Changed 'shall file' to 'may file' in Section 1566(a), making the filing of a notice with the court permissive rather than mandatory when a district attorney accepts a case for postconviction review.

Added Section 1566(b)(2) requiring the district attorney to obtain a written waiver from the petitioner or the petitioner's counsel before obtaining otherwise confidential materials relating to the petitioner, including central file or institutional records.

DEFINITION

Added Section 1566(a)(2) defining 'accepts a case for postconviction review' to mean that a conviction integrity unit or other formally designated unit that is structurally independent from the trial, appellate, and habeas litigation divisions has formally accepted for internal review a claim of factual innocence at the request or initiation of the petitioner.

SCOPE

Added Section 1566(c) prohibiting exercise of the section's authority 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.

Floor votes · Senate May 28, 2026 · Assembly Aug 17, 2026

How they voted

39–0

Passed · 1 other

Total votes 40

May 28, 2026

D Democratic30

30 Yea

100% Yea

R Republican10

9 Yea 1

90% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Aug 18, 2026

Upper · Passed

In Senate. Ordered to engrossing and enrolling.

upper

Aug 17, 2026

Lower · Passed

Read third time. Passed. Ordered to the Senate.

lower

Jun 24, 2026

Lower · Passed

From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0.) (June 23).

lower

Jun 4, 2026

Committee

Referred to Com. on PUB. S.

lower

May 28, 2026

Upper · Passed

Read third time. Passed. (Ayes 39. Noes 0. Page 4524.) Ordered to the Assembly.

upper

May 18, 2026

Upper · Passed

Read third time and amended.

upper

Apr 14, 2026

Upper · Passed

From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 3872.) (April 14).

upper

Apr 6, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

upper

Mar 4, 2026

Committee

Referred to Com. on PUB. S.

upper

Feb 19, 2026

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 1 co-sponsor