§ 1424.5. — 1424.5. (Amended by Stats. 2016, Ch. 59, Sec. 7.)

California § 1424.5.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 10.
• Part 2.: TITLE 10. MISCELLANEOUS PROCEEDINGS
• Ch. 15.: CHAPTER 15. Disqualification of Prosecuting Attorneys

Text

(a)
(1)
Upon receiving information that a prosecuting attorney may have deliberately and intentionally withheld relevant, material exculpatory evidence or information in violation of law, a court may make a finding, supported by clear and convincing evidence, that a violation occurred. If the court finds such a violation, the court shall 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.
(2)
A court may hold a hearing to consider whether a
violation occurred pursuant to paragraph (1).
(b)
(1)
If a court finds, pursuant to subdivision (a), that a violation occurred in bad faith, the court may disqualify an individual prosecuting attorney from a case.
(2)
Upon a determination by a court to disqualify an individual prosecuting attorney pursuant to paragraph (1), the defendant or his or her counsel may file and serve a notice of a motion pursuant to Section 1424 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, material exculpatory evidence or information and that withholding is part of a pattern and practice of violations.
(c)
This section does
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.

Legislative History

Amended by Stats. 2016, Ch. 59, Sec. 7. (SB 1474) Effective January 1, 2017.