SB 441: Criminal procedure: discovery.

Existing law, as enacted by Proposition 115, an initiative statute adopted by the voters at the June 5, 1990, statewide primary election, requires a prosecuting attorney to disclose to the defendant specified items of discovery, including the names and addresses of any persons the prosecutor intends to call as witnesses, the felony convictions of specified material witnesses, and any exculpatory evidence. Existing law requires a party, before seeking court enforcement of these disclosures, to make an informal request of opposing counsel for the information. Existing law authorizes a party to seek a court order if the opposing counsel does not provide the information within 15 days. Existing law, as enacted by Proposition 115, states that those provisions should be interpreted to provide that no discovery in criminal cases is to occur except as provided by those provisions or as mandated by the Constitution of the United States.

This bill would amend the initiative by additionally requiring the prosecuting attorney, in a felony case, to disclose that information to the defendant or their attorney before or at the preliminary hearing, as specified. The bill would authorize a party in a felony case in which the defendant has not waived the right to a preliminary hearing within 10 court days to seek a court order of disclosures if opposing counsel does not provide materials within 3 days. The bill would authorize a court, except as specified, to issue an order compelling discovery directed to prosecuting attorneys, law enforcement agencies that investigated or prepared the case against the defendant, or any other persons or agencies which the prosecuting attorney or investigating agency may have employed to assist them in performing their duties. The bill would require the court, when the court has issued an order compelling discovery, to, upon motion of the defendant, continue the preliminary hearing until all of the court-ordered discovery has been produced to the defendant. If the prosecutor requests a continuance to comply with discovery and the defendant has not waived the right to a timely preliminary hearing, the bill would also authorize the court to extend the time for the preliminary hearing, as specified, if the court finds good cause.

By increasing the required discovery by the prosecution in a criminal case beyond that which was enumerated by Proposition 115 or that which is constitutionally required, this bill would amend the provision of Proposition 115.

Proposition 115 allows its provisions to be amended by the Legislature only by a ²/₃ vote of the membership of each house.

Also, by increasing the duties of discovery on local prosecutors, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.