Criminal procedure: postconviction investigation

The law gives prosecutors formal tools to reinvestigate potential wrongful convictions while requiring protections for confidential records and disclosure of evidence.

What the law does ​

• Allows a district attorney who accepts an innocence claim for postconviction review to notify the court and open an investigation.
• Authorizes subpoenas, document and testimony demands, and necessary court motions for the investigation.
• Requires the petitioner’s written waiver before obtaining the petitioner’s confidential prison, medical, employment, or school records.
• Bars use of these powers while an appeal or other challenge to the same conviction is pending, unless the petitioner or counsel agrees.
• Places obtained materials under a court protective order and limits their use and disclosure.
• Requires prompt disclosure to the court, and generally to the petitioner, of new credible and material evidence suggesting the petitioner likely did not commit the crime.
• Requires equal disclosure of all obtained materials to the petitioner or counsel within 60 days after the investigation ends.

Who it affects ​

• People claiming factual innocence after conviction.
• District attorneys and their conviction integrity units or other designated review teams.
• Courts overseeing postconviction investigations and protective orders.