California Penal Code

§ 1424.5

PEN § 1424.5 Effective Jan 1, 2017Title 10 · Part 2 · Ch. 15

Statute 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.

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Legislative history

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