Bill Text: CA AB1516 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 1516 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Criminal procedure: discovery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 297, Statutes of 2009. [AB1516 Detail]

Download: California-2009-AB1516-Introduced.html

BILL NUMBER: AB 1516	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 27, 2009

   An act to amend Section 1054.3 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1516, as introduced, Lieu. Criminal procedure: discovery.
   Existing law provides that no discovery shall occur in criminal
cases except as provided by statute or as mandated by the
Constitution of the United States. Under existing law, a defendant
and his or her attorney are required to disclose to the prosecuting
attorney any reports or statements of experts made in connection with
the case, including the results of physical or mental examinations,
scientific tests, experiments, or comparisons which the defendant
intends to offer in evidence at the trial.
   This bill would grant the prosecution access to a criminal
defendant for the purposes of having a prosecution expert conduct a
mental health examination whenever a defendant places his or her
mental state at the time of the crime in issue by plea or by giving
notice of his or her intention to call a mental health expert at
trial. The bill would make the defendant's or his or her counsel's
refusal to do so admissible as evidence at trial.
   This bill would amend Proposition 115, an initiative statute
adopted by the voters at the June 5, 1990, statewide primary
election, which provides that its provisions may be amended by the
Legislature by a 2/3 vote of the membership of each house.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.

   AB 1516, as introduced, Lieu. Criminal procedure: discovery.
   Existing law provides that no discovery shall occur in criminal
cases except as provided by statute or as mandated by the
Constitution of the United States. Under existing law, a defendant
and his or her attorney are required to disclose to the prosecuting
attorney any reports or statements of experts made in connection with
the case, including the results of physical or mental examinations,
scientific tests, experiments, or comparisons which the defendant
intends to offer in evidence at the trial.
   This bill would grant the prosecution access to a criminal
defendant for the purposes of having a prosecution expert conduct a
mental health examination whenever a defendant places his or her
mental state at the time of the crime in issue by plea or by giving
notice of his or her intention to call a mental health expert at
trial. The bill would make the defendant's or his or her counsel's
refusal to do so admissible as evidence at trial.
   This bill would amend Proposition 115, an initiative statute
adopted by the voters at the June 5, 1990, statewide primary
election, which provides that its provisions may be amended by the
Legislature by a 2/3 vote of the membership of each house.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  Section 1054.3 of the Penal Code is amended to read:
   1054.3.   (a)    The defendant and his or her
attorney shall disclose to the prosecuting attorney: 
   (a) 
    (1)  The names and addresses of persons, other than the
defendant, he or she intends to call as witnesses at trial, together
with any relevant written or recorded statements of those persons, or
reports of the statements of those persons,  incuding
  including  any reports or statements of experts
made in connection with the case, and including the results of
physical or mental examinations, scientific tests, experiments, or
comparisons which the defendant intends to offer in evidence at the
trial. 
   (b) 
    (2)  Any real evidence which the defendant intends to
offer in evidence at the trial. 
   (b) Whenever a defendant places his or her mental state at the
time of the crime in issue by plea or by giving notice of his or her
intention to call a mental health expert at trial, the defendant and
his or her attorney shall, upon the prosecuting attorney's request,
grant access for purposes of a mental health examination of the
defendant by the prosecuting attorney's expert. The defendant's or
his or her counsel's refusal to do so is admissible as evidence at
trial. 

  SECTION 1.  Section 1054.3 of the Penal Code is amended to read:
   1054.3.   (a)    The defendant and his or her
attorney shall disclose to the prosecuting attorney: 
   (a) 
    (1)  The names and addresses of persons, other than the
defendant, he or she intends to call as witnesses at trial, together
with any relevant written or recorded statements of those persons, or
reports of the statements of those persons,  incuding
  including  any reports or statements of experts
made in connection with the case, and including the results of
physical or mental examinations, scientific tests, experiments, or
comparisons which the defendant intends to offer in evidence at the
trial. 
   (b) 
    (2)  Any real evidence which the defendant intends to
offer in evidence at the trial. 
   (b) Whenever a defendant places his or her mental state at the
time of the crime in issue by plea or by giving notice of his or her
intention to call a mental health expert at trial, the defendant and
his or her attorney shall, upon the prosecuting attorney's request,
grant access for purposes of a mental health examination of the
defendant by the prosecuting attorney's expert. The defendant's or
his or her counsel's refusal to do so is admissible as evidence at
trial.