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

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Enrolled  September 04, 2014
Passed  IN  Senate  August 28, 2014
Passed  IN  Assembly  August 29, 2014
Amended  IN  Senate  August 22, 2014
Amended  IN  Assembly  April 29, 2013
Amended  IN  Assembly  March 14, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 885

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, 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 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 shall consider the failure to disclose in determining whether reasonable doubt of the defendant’s guilt exists.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 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.