California 2023-2024 Regular Session Status: Passed Senate

SB 441 — Criminal procedure: discovery.

Last action — Ordered to third reading.

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

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 23 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.

Bill Text

Action History

  1. Ordered to third reading.

  2. From inactive file.

  3. Notice of intention to remove from inactive file given by Assembly Member Kalra.

  4. Ordered to inactive file on request of Assembly Member Bryan.

  5. Read second time. Ordered to third reading.

  6. Read second time and amended. Ordered to second reading.

  7. From committee: Do pass as amended. (Ayes 11. Noes 3.) (September 1).

  8. August 23 set for first hearing. Placed on suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 11). Re-referred to Com. on APPR.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  11. Referred to Com. on PUB. S.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 31. Noes 4. Page 1391.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1170.) (May 18).

  17. Set for hearing May 18.

  18. April 17 hearing: Placed on APPR suspense file.

  19. Set for hearing April 17.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 579.) (March 28). Re-referred to Com. on APPR.

  21. Set for hearing March 28.

  22. Referred to Com. on PUB S.

  23. From printer. May be acted upon on or after March 16.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bradford · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Bradford

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

Do pass as amended.

Passed 11 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 9001
Unaffiliated 2001
Republican 0300
Total 11302
% of votes cast 69%19%0%13%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Not Voting
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

3rd Reading

Passed 31 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 20101
Unaffiliated 9002
Republican 2302
Total 31405
% of votes cast 78%10%0%13%
How each member voted (40)
Member Party Vote
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Bradford — Yea
Skinner — Yea
Roth — Not Voting
Dodd — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 441 do?
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 23 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.
Who sponsors SB 441?
SB 441 is sponsored by Bradford.
What is the current status of SB 441?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 441?
Track SB 441 free on One Click Politics — get push/email alerts when it moves.

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