BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1222
          Author:   Block (D)
          Amended:  5/22/14 
          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 requires a judge to orally state the  
          reasons for a dismissal on the record, as specified.

           Senate Floor Amendments  of 5/22/14 provide that if requested by  
          either party, or if the proceedings are not being recorded, the  
          reason for the dismissal shall be stated on the record and in  
          the minutes.

           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 orally on the record or set forth in an order entered  
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          upon the minutes if requested by either party or in any case  
          which the proceedings are not being recorded electronically or  
          reported by a court reporter.

           Comments
           
          Current law authorizes trial courts to dismiss cases in the  
          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  5/22/14)

          Judicial Council (source) 
          Taypayers for Improving Public Safety

           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.   







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               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 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.

          JG:nl  5/23/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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