BILL NUMBER: SB 610	CHAPTERED  07/10/08

	CHAPTER  110
	FILED WITH SECRETARY OF STATE  JULY 10, 2008
	APPROVED BY GOVERNOR  JULY 10, 2008
	PASSED THE SENATE  JANUARY 30, 2008
	PASSED THE ASSEMBLY  JUNE 26, 2008
	AMENDED IN SENATE  JANUARY 16, 2008

INTRODUCED BY   Senator Corbett

                        FEBRUARY 22, 2007

   An act to amend Section 804 of the Penal Code, relating to
criminal proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 610, Corbett. Criminal proceedings: commencement.
   Existing law provides that prosecution for an offense is commenced
when any of certain things occurs, including when a complaint
charging a felony is filed or a case is certified to the superior
court.
   This bill would instead provide that a prosecution for a felony
offense is commenced when the defendant is arraigned on a complaint
that charges the defendant with a felony.


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

  SECTION 1.  Section 804 of the Penal Code is amended to read:
   804.  Except as otherwise provided in this chapter, for the
purpose of this chapter, prosecution for an offense is commenced when
any of the following occurs:
   (a) An indictment or information is filed.
   (b) A complaint is filed charging a misdemeanor or infraction.
   (c) The defendant is arraigned on a complaint that charges the
defendant with a felony.
   (d) An arrest warrant or bench warrant is issued, provided the
warrant names or describes the defendant with the same degree of
particularity required for an indictment, information, or complaint.