Chapter 10 - Discovery - California Penal Code

Sections (3)

This chapter shall be interpreted to give effect to all of the following purposes:

(a)To promote the ascertainment of truth in trials by requiring timely pretrial discovery.

(b)To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested.

(c)To save court time in trial and avoid the necessity for frequent interruptions and postponements.

(d)To protect victims and witnesses from danger, harassment, and undue delay of the proceedings.

(e)To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States.

§ 1054.1

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

(a)The names and addresses of persons the prosecutor intends to call as witnesses at trial.

(b)Statements of all defendants.

(c)All relevant real evidence seized or obtained as a part of the investigation of the offenses charged.

(d)The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.

(e)Any exculpatory evidence.

(f)Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.

§ 1054.10

Added by Stats. 2003, Ch. 238, Sec. 1. Effective August 11, 2003.

(a)Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause.

(b)Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited.