Shirley N. Weber
- Democratic
Author
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, upon receiving information that the prosecuting attorney has deliberately and intentionally withheld relevant or material exculpatory evidence or information in violation of law, to make a finding, supported by clear and convincing evidence, that a violation occurred. If the court makes such a finding, the bill would require the court 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 finds that a violation occurred in bad faith. The bill would also authorize, upon a determination by a court to disqualify an individual prosecuting attorney from a case, the defendant or his or her counsel to file and serve a notice of a motion to disqualify the prosecuting attorney's office if there is sufficient evidence that other employees of the prosecuting attorney's office knowingly and in bad faith participated in or sanctioned the intentional withholding of the relevant or material exculpatory evidence 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, or any requirement placed upon, 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, requirements, remedies, or actions.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 467, Statutes of 2015.
Enrolled and presented to the Governor at 2 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 26. Page 3157.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 2713.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (July 14).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 36. Page 1703.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 4. Noes 2.) (April 14).
Read first time.
From printer. May be heard in committee March 31.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1328 | HTML |
| 02/27/15 - Introduced | |
| 07/08/15 - Amended Senate | |
| 09/04/15 - Amended Senate | |
| 09/16/15 - Enrolled | |
| 10/03/15 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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