California 2015-2016 Regular Session Status: Enacted

AB 1328 — Criminal procedure: withholding of evidence.

Last action — Chaptered by Secretary of State - Chapter 467, Statutes of 2015.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 467, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 47. Noes 26. Page 3157.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 2713.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 5. Noes 2.) (July 14).

  11. 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.

  12. Referred to Com. on PUB. S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 36. Page 1703.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 4. Noes 2.) (April 14).

  17. Referred to Com. on PUB. S.

  18. Read first time.

  19. From printer. May be heard in committee March 31.

  20. Introduced. To print.

Sponsors

  • Weber · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 14 voted No

Sponsors (1)

  • Weber

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1328 Weber By Leno

Passed 26 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 251101
Democratic 1200
Total 261301
% of votes cast 65%33%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Huff — Not Voting
Lara — Yea
Leno — Yea
Nielsen — Nay
Vidak — Nay
De León — Yea
Runner — Nay
Galgiani — Nay
Glazer — Yea
Hall — Yea
Hertzberg — Yea
Bates — Nay
Block — Yea
Hueso — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Nay
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Cannella — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
Pan — Yea
Fuller — Nay
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Nay
Nguyen, Stephanie Democratic Nay

Official roll call →

AB 1328 WEBER Concurrence in Senate Amendments

Passed 47 Yea · 26 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 422207
Democratic 4000
Republican 1400
Total 472607
% of votes cast 59%33%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Yea
Mathis — Nay
Nazarian — Yea
Olsen — Yea
Perea — Not Voting
Quirk — Yea
Rodriguez — Not Voting
Thurmond — Yea
Waldron — Nay
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Obernolte — Not Voting
Williams — Not Voting
Salas — Yea
Bonilla — Yea
Frazier — Not Voting
Gray — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Harper — Nay
Holden — Yea
Atkins — Yea
Kim — Nay
Linder — Yea
Burke — Yea
Low — Yea
Mayes — Nay
McCarty — Yea
Medina — Nay
Melendez — Nay
Campos — Yea
Chang — Nay
Baker — Nay
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Nay
Dababneh — Yea
Dodd — Nay
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Anderson — Nay
Leno — Yea
Monning — Yea
Glazer — Yea
Liu — Yea
Hancock — Yea
Mark Stone — Nay

Official roll call →

AB 1328 WEBER Assembly Third Reading

Passed 41 Yea · 36 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 392902
Democratic 2101
Republican 0600
Total 413603
% of votes cast 51%45%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Kim — Nay
Linder — Nay
Mathis — Nay
Medina — Nay
O'Donnell — Nay
Ridley-Thomas — Yea
Steinorth — Nay
Wagner — Nay
Wilk — Nay
Eggman — Yea
Chu — Yea
Cooper — Not Voting
Daly — Yea
Dodd — Nay
Jones-Sawyer — Yea
Campos — Yea
Salas — Yea
Low — Yea
Lopez — Yea
Mullin — Yea
Nazarian — Yea
Dababneh — Yea
Perea — Yea
Rendon — Yea
Atkins — Yea
Gatto — Nay
Gomez — Yea
Gordon — Yea
Burke — Yea
Bonilla — Nay
Harper — Nay
Gray — Nay
Holden — Yea
Levine — Yea
Maienschein — Nay
Chang — Nay
Mayes — Nay
McCarty — Yea
Chau — Yea
Baker — Nay
Bigelow — Nay
Chiu — Yea
Chávez — Nay
Cooley — Nay
Melendez — Nay
Obernolte — Nay
Olsen — Not Voting
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Wood — Nay
Frazier — Yea
Gonzalez — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Republican 0100
Total 4201
% of votes cast 57%29%0%14%
How each member voted (7)
Member Party Vote
Quirk — Yea
Jones-Sawyer — Yea
Low — Not Voting
Melendez — Nay
Santiago — Yea
Gonzalez — Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1328 do?
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.
Who sponsors AB 1328?
AB 1328 is sponsored by Weber.
What is the current status of AB 1328?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track AB 1328?
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Last checked for changes 3 months ago · updated continuously

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