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

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

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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-Amended.html

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BILL NUMBER: AB 885	AMENDED
	BILL TEXT

	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, as amended, 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  require   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  may   shall 
consider the failure  as circumstantial evidence to support
the presence of reasonable doubt.   to disclose in
determining whether reasonable doubt of the defendant's guilt exists.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  shall  
may  instruct the jury that the intentional  or knowing
 failure to disclose the materials and information occurred and
that the jury  may   shall  consider the
 intentional or knowing  failure to disclose  as
circumstantial evidence to support the presence of reasonable doubt.
  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.