BILL NUMBER: AB 1328	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 8, 2015

INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 27, 2015

   An act to add Section  1127j   1424.5 
to the Penal Code, relating to criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1328, as amended, Weber.  Discovery: prosecutorial duty
to disclose information.   Criminal procedure:
withholding of evidence. 
   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.  Existing law authorizes a court to grant a motion
to disqualify a district attorney from performing an authorized duty,
subject to specified procedural requirements. 
   This bill would  authorize a court in any criminal trial
or proceeding in which   require a court, if  the
court  has determined   determines  that
the prosecuting attorney has  intentionally or knowingly
failed to disclose   deliberately and intentionally
withheld  relevant  exculpatory 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.   or information in violation of law, to
inform the State Bar of California of that violation if the
prosecuting attorney acted in bad   faith and the impact of
the withholding contributed to a guilty verdict, guilty or nolo
contendere plea, or, if identified before conclusion of trial,
seriously limited the ability of a defendant to present a defense.
The bill would authorize a court to disqualify an individual
prosecuting attorney from a case if the court determines that the
prosecuting attorney deliberately and intentionally withheld relevant
exculpatory materials or information in that case in violation of
law and that the prosecuting attorney acted in bad faith   .
The bill would also authorize a court to disqualify the prosecuting
attorney's office if there is sufficient evidence that other
employees of the prosecuting attorney's office knowingly participated
in or sanctioned the intentional withholding of the relevant
exculpatory materials or information and that withholding is part of
a pattern and practice of violations. The bill   would
specify that its provisions do not limit the authority or discretion
of the court or other individuals to make reports to the State Bar of
California regarding the same conduct, or otherwise limit other
available legal authority, remedies, or actions. 
   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 1424.5 is added to the 
 Penal Code   ,  immediately following Section 1424
 , to read:  
   1424.5.  (a) (1) If a court determines that a prosecuting attorney
has deliberately and intentionally withheld relevant exculpatory
materials or information in violation of law, the court shall inform
the State Bar of California of that violation if the prosecuting
attorney acted in bad faith and the impact of the withholding
contributed to a guilty verdict, guilty or nolo contendere plea, or,
if identified before conclusion of trial, seriously limited the
ability of a defendant to present a defense.
   (2) A hearing to consider whether a prosecuting attorney or his or
her office should be disqualified pursuant to this section shall be
initiated only upon the court's own motion.
   (b) (1) Upon its own motion, a court may disqualify an individual
prosecuting attorney from a case if the court determines that the
prosecuting attorney deliberately and intentionally withheld relevant
exculpatory materials or information in that case in violation of
law and that the prosecuting attorney acted in bad faith.
   (2) The court may also disqualify the prosecuting attorney's
office if there is sufficient evidence that other employees of the
prosecuting attorney's office knowingly participated in or sanctioned
the intentional withholding of the relevant exculpatory materials or
information and that withholding is part of a pattern and practice
of violations.
   (c) This section does not limit the authority or discretion of the
court or other individuals to make reports to the State Bar of
California regarding the same conduct, or otherwise limit other
available legal authority, remedies, or actions.  
  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.