BILL NUMBER: AB 557	CHAPTERED  06/23/05

	CHAPTER  18
	FILED WITH SECRETARY OF STATE  JUNE 23, 2005
	APPROVED BY GOVERNOR  JUNE 23, 2005
	PASSED THE SENATE  JUNE 13, 2005
	PASSED THE ASSEMBLY  APRIL 14, 2005

INTRODUCED BY   Assembly Member Karnette

                        FEBRUARY 16, 2005

   An act to amend Section 872 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 557, Karnette  Criminal procedure: testimony of retired peace
officers.
   Existing law, enacted by initiative measure, authorizes a finding
of probable cause to be based in whole or in part upon the sworn
testimony of a law enforcement officer relating the statements of
declarants made out of court offered for the truth of the matter
asserted. Existing law provides for amendment of these provisions by
a 2/3 vote of each house of the Legislature.
   This bill would extend that authorization to include testimony by
an honorably retired law enforcement officer, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 872 of the Penal Code is amended to read:
   872.  (a) If, however, it appears from the examination that a
public offense has been committed, and there is sufficient cause to
believe that the defendant is guilty, the magistrate shall make or
indorse on the complaint an order, signed by him or her, to the
following effect: "It appearing to me that the offense in the within
complaint mentioned (or any offense, according to the fact, stating
generally the nature thereof), has been committed, and that there is
sufficient cause to believe that the within named A. B. is guilty, I
order that he or she be held to answer to the same."
   (b) Notwithstanding Section 1200 of the Evidence Code, the finding
of probable cause may be based in whole or in part upon the sworn
testimony of a law enforcement officer or honorably retired law
enforcement officer relating the statements of declarants made out of
court offered for the truth of the matter asserted. An honorably
retired law enforcement officer may only relate statements of
declarants made out of court and offered for the truth of the matter
asserted that were made when the honorably retired officer was an
active law enforcement officer. Any law enforcement officer or
honorably retired law enforcement officer testifying as to hearsay
statements shall either have five years of law enforcement experience
or have completed a training course certified by the Commission on
Peace Officer Standards and Training that includes training in the
investigation and reporting of cases and testifying at preliminary
hearings.