BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1222| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1222 Author: Block (D) Amended: 5/27/14 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 state the reasons for a dismissal in a criminal action orally on the record or if requested by either party written in the minutes. Senate Floor Amendments of 5/27/14 clarify the intent of the bill. 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 CONTINUED SB 1222 Page 2 forth in an order entered upon the minutes. This bill requires a judge to state the reasons for a dismissal orally on the record or set forth in an order entered 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 5/27/14) Judicial Council (source) Taxpayers for Improving Public Safety ARGUMENTS IN SUPPORT : Judicial Council states: CONTINUED SB 1222 Page 3 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, 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 5/27/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED