2009 California Penal Code - Section 1054-1054.10 :: Chapter 10. Discovery

PENAL CODE
SECTION 1054-1054.10

1054.  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.

1054.2.  (a) (1) Except as provided in paragraph (2), no attorney
may disclose or permit to be disclosed to a defendant, members of the
defendant's family, or anyone else, the address or telephone number
of a victim or witness whose name is disclosed to the attorney
pursuant to subdivision (a) of Section 1054.1, unless specifically
permitted to do so by the court after a hearing and a showing of good
cause.
   (2) Notwithstanding paragraph (1), an attorney may disclose or
permit to be disclosed the address or telephone number of a victim or
witness 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 information by an attorney shall be informed by the attorney
that further dissemination of the information, except as provided by
this section, is prohibited.
   (3) Willful violation of this subdivision by an attorney, persons
employed by the attorney, or persons appointed by the court is a
misdemeanor.
   (b) If the defendant is acting as his or her own attorney, the
court shall endeavor to protect the address and telephone number of a
victim or witness by providing for contact only through a private
investigator licensed by the Department of Consumer Affairs and
appointed by the court or by imposing other reasonable restrictions,
absent a showing of good cause as determined by the court.

1054.3.  (a) The defendant and his or her attorney shall disclose to
the prosecuting attorney:
   (1) The names and addresses of persons, other than the defendant,
he or she intends to call as witnesses at trial, together with any
relevant written or recorded statements of those persons, or reports
of the statements of those persons, including any reports or
statements of experts made in connection with the case, and including
the results of physical or mental examinations, scientific tests,
experiments, or comparisons which the defendant intends to offer in
evidence at the trial.
   (2) Any real evidence which the defendant intends to offer in
evidence at the trial.
   (b) (1) Unless otherwise specifically addressed by an existing
provision of law, whenever a defendant in a criminal action or a
minor in a juvenile proceeding brought pursuant to a petition
alleging the juvenile to be within Section 602 of the Welfare and
Institutions Code places in issue his or her mental state at any
phase of the criminal action or juvenile proceeding through the
proposed testimony of any mental health expert, upon timely request
by the prosecution, the court may order that the defendant or
juvenile submit to examination by a prosecution-retained mental
health expert.
   (A) The prosecution shall bear the cost of any such mental health
expert's fees for examination and testimony at a criminal trial or
juvenile court proceeding.
   (B) The prosecuting attorney shall submit a list of tests proposed
to be administered by the prosecution expert to the defendant in a
criminal action or a minor in a juvenile proceeding. At the request
of the defendant in a criminal action or a minor in a juvenile
proceeding, a hearing shall be held to consider any objections raised
to the proposed tests before any test is administered. Before
ordering that the defendant submit to the examination, the trial
court must make a threshold determination that the proposed tests
bear some reasonable relation to the mental state placed in issue by
the defendant in a criminal action or a minor in a juvenile
proceeding. For the purposes of this subdivision, the term "tests"
shall include any and all assessment techniques such as a clinical
interview or a mental status examination.
   (2) The purpose of this subdivision is to respond to Verdin v.
Superior Court 43 Cal.4th 1096, which held that only the Legislature
may authorize a court to order the appointment of a prosecution
mental health expert when a defendant has placed his or her mental
state at issue in a criminal case or juvenile proceeding pursuant to
Section 602 of the Welfare and Institutions Code. Other than
authorizing the court to order testing by prosecution-retained mental
health experts in response to Verdin v. Superior Court, supra, it is
not the intent of the Legislature to disturb, in any way, the
remaining body of case law governing the procedural or substantive
law that controls the administration of these tests or the admission
of the results of these tests into evidence.

1054.4.  Nothing in this chapter shall be construed as limiting any
law enforcement or prosecuting agency from obtaining nontestimonial
evidence to the extent permitted by law on the effective date of this
section.

1054.5.  (a) No order requiring discovery shall be made in criminal
cases except as provided in this chapter. This chapter shall be the
only means by which the defendant may compel the disclosure or
production of information from prosecuting attorneys, law enforcement
agencies which 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.
   (b) Before a party may seek court enforcement of any of the
disclosures required by this chapter, the party shall make an
informal request of opposing counsel for the desired materials and
information. If within 15 days the opposing counsel fails to provide
the materials and information requested, the party may seek a court
order. Upon a showing that a party has not complied with Section
1054.1 or 1054.3 and upon a showing that the moving party complied
with the informal discovery procedure provided in this subdivision, a
court may make any order necessary to enforce the provisions of this
chapter, including, but not limited to, immediate disclosure,
contempt proceedings, delaying or prohibiting the testimony of a
witness or the presentation of real evidence, continuance of the
matter, or any other lawful order. Further, the court may advise the
jury of any failure or refusal to disclose and of any untimely
disclosure.
   (c) The court may prohibit the testimony of a witness pursuant to
subdivision (b) only if all other sanctions have been exhausted. The
court shall not dismiss a charge pursuant to subdivision (b) unless
required to do so by the Constitution of the United States.

1054.6.  Neither the defendant nor the prosecuting attorney is
required to disclose any materials or information which are work
product as defined in subdivision (a) of Section 2018.030 of the Code
of Civil Procedure, or which are privileged pursuant to an express
statutory provision, or are privileged as provided by the
Constitution of the United States.

1054.7.  The disclosures required under this chapter shall be made
at least 30 days prior to the trial, unless good cause is shown why a
disclosure should be denied, restricted, or deferred. If the
material and information becomes known to, or comes into the
possession of, a party within 30 days of trial, disclosure shall be
made immediately, unless good cause is shown why a disclosure should
be denied, restricted, or deferred. "Good cause" is limited to
threats or possible danger to the safety of a victim or witness,
possible loss or destruction of evidence, or possible compromise of
other investigations by law enforcement.
   Upon the request of any party, the court may permit a showing of
good cause for the denial or regulation of disclosures, or any
portion of that showing, to be made in camera. A verbatim record
shall be made of any such proceeding. If the court enters an order
granting relief following a showing in camera, the entire record of
the showing shall be sealed and preserved in the records of the
court, and shall be made available to an appellate court in the event
of an appeal or writ. In its discretion, the trial court may after
trial and conviction, unseal any previously sealed matter.

1054.8.  (a) No prosecuting attorney, attorney for the defendant, or
investigator for either the prosecution or the defendant shall
interview, question, or speak to a victim or witness whose name has
been disclosed by the opposing party pursuant to Section 1054.1 or
1054.3 without first clearly identifying himself or herself,
identifying the full name of the agency by whom he or she is
employed, and identifying whether he or she represents, or has been
retained by, the prosecution or the defendant. If the interview takes
place in person, the party shall also show the victim or witness a
business card, official badge, or other form of official
identification before commencing the interview or questioning.
   (b) Upon a showing that a person has failed to comply with this
section, a court may issue any order authorized by Section 1054.5.

1054.9.  (a) Upon the prosecution of a postconviction writ of habeas
corpus or a motion to vacate a judgment in a case in which a
sentence of death or of life in prison without the possibility of
parole has been imposed, and on a showing that good faith efforts to
obtain discovery materials from trial counsel were made and were
unsuccessful, the court shall, except as provided in subdivision (c),
order that the defendant be provided reasonable access to any of the
materials described in subdivision (b).
   (b) For purposes of this section, "discovery materials" means
materials in the possession of the prosecution and law enforcement
authorities to which the same defendant would have been entitled at
time of trial.
   (c) In response to a writ or motion satisfying the conditions in
subdivision (a), court may order that the defendant be provided
access to physical evidence for the purpose of examination,
including, but not limited to, any physical evidence relating to the
investigation, arrest, and prosecution of the defendant only upon a
showing that there is good cause to believe that access to physical
evidence is reasonably necessary to the defendant's effort to obtain
relief. The procedures for obtaining access to physical evidence for
purposes of postconviction DNA testing are provided in Section 1405,
and nothing in this section shall provide an alternative means of
access to physical evidence for those purposes.
   (d) The actual costs of examination or copying pursuant to this
section shall be borne or reimbursed by the defendant.

1054.10.  (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.

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