BILL NUMBER:  AB 885
  VETOED	DATE: 09/28/2014




To the Members of the California State Assembly:

I am returning Assembly Bill 885 without my signature.

AB 885 would allow a court to instruct the jury to consider
intentional or knowing prosecutorial discovery violations in
determining whether reasonable doubt exists in a criminal case.

Prosecutorial misconduct should never be tolerated.

This bill, however, would be a sharp departure from current practice
that looks to the judiciary to decide how juries should be
instructed. Under current law, judges have an array of remedies at
their disposal if a discovery violation comes to light during trial.

Sincerely,



Edmund G. Brown Jr.