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

Senate:
1st
Cmt
2nd
3rd
2nd
3rd
Pass
Assembly:
Int
1st
Cmt
2nd
3rd
Pass
Pass
Veto
Bill Status
AB-885
Ammiano (A)
-
-
Discovery: prosecutorial duty to disclose information.
03/26/13
An act to add Section 1127j to the Penal Code, relating to criminal procedure.
Assembly
09/04/14
08/22/14

Type of Measure
Inactive Bill - Vetoed
Majority Vote Required
Non-Appropriation
Non-Fiscal Committee
Non-State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
09/28/14 Vetoed by Governor.
09/10/14 Enrolled and presented to the Governor at 4 p.m.
08/29/14 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 28. Page 6693.).
08/29/14 Assembly Rule 77 suspended. (Ayes 51. Noes 23. Page 6692.)
08/28/14 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 885 without my signature.

AB 885 would allow a court to instruct the jury to consider intentional or knowing prosecutorial discovery violations in determining whether reasonable doubt exists in a criminal case.

Prosecutorial misconduct should never be tolerated.

This bill, however, would be a sharp departure from current practice that looks to the judiciary to decide how juries should be instructed. Under current law, judges have an array of remedies at their disposal if a discovery violation comes to light during trial.

Sincerely,



Edmund G. Brown Jr.