Staff Analysis of the Legislation
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The purpose of HB 352 is to make misdemeanor discovery statutes similar to felony discovery statutes. Current law only requires the prosecution to share with the defense the indictment or accusation, the witness list, scientific reports, and any statement the defendant made in state custody. HB 352 would require the prosecution to produce supplemental police reports, and allow the defense to inspect and copy books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, within ten days of discovery of notice by defendant. The bill requires the defense to provide the prosecutor with alibi notice and a witness list within ten days of discovery or ten days prior to trial, whichever is later.
If the state fails to comply with the bills requirements, the court may order the state to permit the discovery or inspection, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence or witness not disclosed. If the defendant fails to comply, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence or witness not disclosed.
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