Amended in Senate August 22, 2014

Amended in Assembly April 29, 2013

Amended in Assembly March 14, 2013

California Legislature—2013–14 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, as amended, 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 begin delete require end delete begin insert authorize end insert a court in any criminal trial or proceeding in which the court has determined that the prosecuting attorney has begin insert intentionally or knowingly end insert failed to disclose certain materials and information, as specified, to instruct the jury that the failure to disclose has occurred and that the jury begin delete may end delete begin insert shall end insert consider the failure begin delete as circumstantial evidence to support the presence of reasonable doubt. end delete begin insert to disclose in determining whether reasonable doubt of the defendant’s guilt exists. end insert

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 begin insert intentionally or
knowingly end insert failed to disclose specified materials and information
required under current law, including Section 1054.1 begin insert , except
subdivision (a) of that section, end insert and Brady v. Maryland (1963) 373
U.S. 83, the court begin delete shall end delete begin insert may end insert instruct the jury that the intentional
begin insert or knowing end insert failure to disclose the materials and information
occurred and that the jury begin delete may end delete begin insert shall end insert consider the begin insert intentional or
knowing end insert failure to disclose begin delete as circumstantial evidence to support
the presence of reasonable doubt. end delete begin insert in determining whether
reasonable doubt of the defendant’s guilt exists. end insert

(b) Nothing in this section shall be construed to limit any other
remedy available under law.