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CA SB441
Bill
Status
5/31/2023
Primary Sponsor
Steven Bradford
Click for details
AI Summary
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Requires prosecutors in felony cases to disclose specified discovery materials (witness names, statements, real evidence, exculpatory evidence) to defendants before or at the preliminary hearing.
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Shortens the timeline for defendants to seek court orders compelling discovery from 15 days to 3 days in felony cases where the defendant has not waived preliminary hearing rights within 10 court days.
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Authorizes courts to issue orders compelling discovery from prosecutors, law enforcement, and other agencies employed to assist in investigations, and requires courts to continue preliminary hearings upon defendant motion until all court-ordered discovery is produced.
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Allows prosecutors to request continuances of up to 5 calendar days (or 10 calendar days if extending past 60 court days) to comply with discovery obligations if the court finds good cause.
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Amends Proposition 115 by requiring a two-thirds vote of both legislative houses and establishes this as a state-mandated local program requiring reimbursement to local agencies for increased discovery obligations.
Legislative Description
Criminal procedure: discovery.
Last Action
Ordered to third reading.
8/28/2024