AB 1328, as introduced, Weber. 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 relevant 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. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1127j is added to the Penal Code, to read:
(a) In any criminal trial or proceeding in which the
3court determines that the prosecuting attorney has intentionally or
4knowingly failed to disclose relevant materials and information
P2 1required under law, including Section 1054.1, except subdivision
2(a) of that section, and Brady v. Maryland (1963) 373 U.S. 83, the
3court may instruct the jury that the intentional or knowing failure
4to disclose the relevant materials and information occurred and
5that the jury shall consider the intentional or knowing failure to
6disclose in determining whether reasonable doubt of the
7defendant’s guilt exists.
8(b) This section does not limit any other remedy available under
9law.
O
99