BILL NUMBER: SB 59 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2009
INTRODUCED BY Senator Huff
( Principal coauthor: Senator
Denham )
( Coauthor: Senator Runner
)
( Coauthors: Assembly Members
Adams, Bill Berryhill, DeVore,
Duvall, Fletcher, Fuller, Garrick,
Gilmore, Harkey, Nava,
Niello, and Smyth )
JANUARY 20, 2009
An act to amend Section 1050 of the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 59, as amended, Huff. Criminal procedure: trials: continuances.
Existing law provides that criminal trials may only be continued
for good cause. Under existing law, good cause is defined to include
when a prosecutor assigned to specific types of criminal cases has
another trial, preliminary hearing, or motion to suppress in progress
in that court or another court.
This bill would include, as good cause, a case involving a
violation of the California Street Terrorism Enforcement and
Prevention Act when the assigned prosecutor has another case in
progress, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1050 of the Penal Code is amended to read:
1050. (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall
be set for trial and heard and determined at the earliest
possible time. To this end, the Legislature finds that the criminal
courts are becoming increasingly congested with resulting adverse
consequences to the welfare of the people and the defendant.
Excessive continuances contribute substantially to this congestion
and cause substantial hardship to victims and other witnesses.
Continuances also lead to longer periods of presentence confinement
for those defendants in custody and the concomitant overcrowding and
increased expenses of local jails. It is therefore recognized that
the people, the defendant, and the victims and other witnesses have
the right to an expeditious disposition, and to that end it shall be
the duty of all courts and judicial officers and of all counsel, both
for the prosecution and the defense, to expedite these proceedings
to the greatest degree that is consistent with the ends of justice.
In accordance with this policy, criminal cases shall be given
precedence over, and set for trial and heard without regard to the
pendency of, any civil matters or proceedings. In further accordance
with this policy, death penalty cases in which both the prosecution
and the defense have informed the court that they are prepared to
proceed to trial shall be given precedence over, and set for trial
and heard without regard to the pendency of, other criminal cases and
any civil matters or proceedings, unless the court finds in the
interest of justice that it is not appropriate.
(b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not be
deemed to have been served within the meaning of this section until
that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the motion,
the prosecuting attorney shall notify the people's witnesses and the
defense attorney shall notify the defense's witnesses of the notice
of motion, the date of the hearing, and the witnesses' right to be
heard by the court.
(c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing, the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding and
a statement of facts proved shall be entered in the minutes. If the
moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall be
entered in the minutes.
(g) (1) When deciding whether or not good cause for a continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
(2) For purposes of this section, "good cause" includes, but is
not limited to, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, or a case being
handled in the Career Criminal Prosecution Program pursuant to
Sections 999b through 999h, or a hate crime, as defined in Title 11.6
(commencing with Section 422.6) of Part 1, or a violation of the
California Street Terrorism Enforcement and Prevention Act (Chapter
11 (commencing with Section 186.20) of Title 7 of Part 1), has
occurred and the prosecuting attorney assigned to the case has
another trial, preliminary hearing, or motion to suppress in progress
in that court or another court. A continuance under this paragraph
shall be limited to a maximum of 10 additional court days.
(3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking, hate crimes, or
cases handled under the Career Criminal Prosecution Program. Any
continuance granted to the people in a case involving stalking or
handled under the Career Criminal Prosecution Program shall be for
the shortest time possible, not to exceed 10 court days.
(h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
(j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
(k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
() This section is directory only and does not mandate dismissal
of an action by its terms.