BILL NUMBER: AB 1328	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 27, 2015

   An act to add Section 1127j to the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   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 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 relevant materials and information
required under 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 relevant 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) This section does not limit any other remedy available under
law.