Today's Law As Amended


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AB-885 Discovery: prosecutorial duty to disclose information.(2013-2014)



As Amends the Law Today


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.