BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1222|
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THIRD READING
Bill No: SB 1222
Author: Block (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 4/29/14
AYES: Hancock, Knight, Liu, Mitchell, Steinberg
NOES: Anderson
NO VOTE RECORDED: De León
SUBJECT : Dismissal: criminal action
SOURCE : Judicial Council
DIGEST : This bill allows a judge to state the reasons for a
dismissal on the record.
ANALYSIS : Existing law provides that the judge or magistrate
may, either of his/her own motion or upon the application of the
prosecuting attorney, and in furtherance of justice, order an
action to be dismissed. The reasons for dismissal must be set
forth in an order entered upon the minutes.
This bill provides that the reasons for a dismissal shall be
stated on the record or set forth in an order entered upon the
minutes.
Comments
Current law authorizes trial courts to dismiss cases in the
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interest of justice and requires that the reasons for dismissal
be set forth only in the minutes of the court proceeding.
Statute does not authorize the court to enter the reasons for
dismissal on the record.
Relying only on the minutes is problematic and has resulted in
unnecessary automatic reversals when courts do not enter the
dismissals in the minutes, even though they state the reasons on
the record. Minutes are typically a brief summary of a clerk's
interpretation of what was actually stated by the court, which
raises concerns about accuracy and lack of thorough explanation.
Prosecutors often times do not rely exclusively on the minutes
to determine the reasons for a dismissal; instead, they
typically review transcripts and case files for notes that
explain the reasons.
The requirement to state the reasons serves two main purposes,
to promote judicial accountability by requiring courts to
explain why such a power was exercised and to facilitate
appellate review of the reasons for dismissal. However, due to
the lack of flexibility to the courts, this mandate has led to
costly and extraneous proceedings, when a simple solution is
known.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/30/14)
Judicial Council (source)
Taypayers for Improving Public Safety
OPPOSITION : (Verified 4/30/14)
California District Attorneys Association
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : Judicial Council states:
Stating reasons for dismissal either on the record is
effective because, as a practical matter, there are often
multiple reasons not easily summarized in the minutes.
Minutes are typically a brief summary of a clerk's
interpretation of what was actually stated by the court,
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which raises concerns about accuracy and lack of thorough
explanation. Prosecutors seldom rely exclusively on the
minutes to determine the reasons for a past dismissal, and
instead typically review transcripts and case files for
notes and that explain the reasons.
ARGUMENTS IN OPPOSITION : The California District Attorneys
Association states:
The existing requirement that reasons for dismissal be set
forth in the minutes ensures that there is always a written
record of those reasons, which is readily available to
parties who may need to access that information in a future
hearing. Not all courts are able to provide a court
reporter in all proceedings, leaving no transcription of
the oral record, which creates problems when parties later
attempt to determine why a particular criminal proceeding
was dismissed.
The change sought by SB 1222 would give the court the sole
discretion to decide whether to state the reasons for
dismissal on the record, or in the minute order, regardless
of whether a court reporter is available to provide a
transcript. There is nothing in the language of the bill
that would give the prosecution or the defense an
opportunity to object to the court's decision or where the
reasons for dismissal must be stated forth.
JG:nl 5/1/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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