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 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 a court in any criminal trial or
proceeding in which the court has determined that  there has
been an intentional failure   the prosecuting attorney
has 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 consider the failure as circumstantial
evidence to support the presence of reasonable doubt.
   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  there has been
an intentional failure   the prosecuting attorney has
failed  to disclose specified materials and information 
pursuant to   required under current law, including
 Section 1054.1  or   and  Brady v.
Maryland (1963) 373 U.S. 83, the court shall instruct the jury that
the intentional failure to disclose the materials and information
occurred and that the jury may consider the failure to disclose as
circumstantial evidence to support the presence of reasonable doubt.

   (b) Nothing in this section shall be construed to limit any other
remedy available under law.