Bill Text: CA AB885 | 2013-2014 | Regular Session | Enrolled

California Assembly Bill 885 (Prior Session Legislation)

Bill Title: Discovery: prosecutorial duty to disclose information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-28 - Vetoed by Governor. [AB885 Detail]

Download: California-2013-AB885-Enrolled.html

BILL NUMBER: AB 885	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 28, 2014
	PASSED THE ASSEMBLY  AUGUST 29, 2014
	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 22, 2013

   An act to add Section 1127j to the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 885, Ammiano. Discovery: prosecutorial duty to disclose
information.
   Existing law requires the prosecuting attorney to disclose to the
defendant or his or her attorney certain materials and information,
including statements of all defendants and any exculpatory evidence,
as specified.
   This bill would authorize a court in any criminal trial or
proceeding in which the court has determined that the prosecuting
attorney has intentionally or knowingly failed to disclose certain
materials and information, as specified, to instruct the jury that
the failure to disclose has occurred and that the jury shall consider
the failure to disclose in determining whether reasonable doubt of
the defendant's guilt exists.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1127j is added to the Penal Code, to read:
   1127j.  (a) In any criminal trial or proceeding in which the court
determines that the prosecuting attorney has intentionally or
knowingly failed to disclose specified materials and information
required under current law, including Section 1054.1, except
subdivision (a) of that section, and Brady v. Maryland (1963) 373
U.S. 83, the court may instruct the jury that the intentional or
knowing failure to disclose the materials and information occurred
and that the jury shall consider the intentional or knowing failure
to disclose in determining whether reasonable doubt of the defendant'
s guilt exists.
   (b) Nothing in this section shall be construed to limit any other
remedy available under law.