Section 1054.9 Of Chapter 10. Discovery From California Penal Code >> Title 6. >> Part 2. >> Chapter 10.
1054.9
. (a) Upon the prosecution of a postconviction writ of habeas
corpus or a motion to vacate a judgment in a case in which a
sentence of death or of life in prison without the possibility of
parole has been imposed, and on a showing that good faith efforts to
obtain discovery materials from trial counsel were made and were
unsuccessful, the court shall, except as provided in subdivision (c),
order that the defendant be provided reasonable access to any of the
materials described in subdivision (b).
(b) For purposes of this section, "discovery materials" means
materials in the possession of the prosecution and law enforcement
authorities to which the same defendant would have been entitled at
time of trial.
(c) In response to a writ or motion satisfying the conditions in
subdivision (a), court may order that the defendant be provided
access to physical evidence for the purpose of examination,
including, but not limited to, any physical evidence relating to the
investigation, arrest, and prosecution of the defendant only upon a
showing that there is good cause to believe that access to physical
evidence is reasonably necessary to the defendant's effort to obtain
relief. The procedures for obtaining access to physical evidence for
purposes of postconviction DNA testing are provided in Section 1405,
and nothing in this section shall provide an alternative means of
access to physical evidence for those purposes.
(d) The actual costs of examination or copying pursuant to this
section shall be borne or reimbursed by the defendant.