California Legislature—2015–16 Regular Session

Assembly Bill No. 696

Introduced by Assembly Member Jones-Sawyer

February 25, 2015

An act to amend Section 991 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 696, as introduced, Jones-Sawyer. Defendants: arraignment.

Existing law requires the magistrate, when the defendant is in custody at the time he or she appears before the magistrate for arraignment and the public offense is a misdemeanor to which the defendant has pleaded not guilty, to determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty of that offense. Existing law requires the determination of probable cause to be made immediately, unless the court grants a continuance not to exceed 3 court days, for good cause.

This bill would require the magistrate, when the defendant is not in custody at the time he or she appears for arraignment and the public offense is a misdemeanor to which the defendant has pleaded not guilty, to determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty of that offense, unless the counsel for the defendant or the defendant waives that determination. The bill would require that determination to be made 30 days before the date calendared for trial at the arraignment unless a later date is requested by the defense in order to allow the prosecution to comply with specified disclosure requirements.

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 991 of the Penal Code is amended to
read:

991.  

(a)  begin delete If end delete begin insert When end insert begin insert end insert the defendant is in custody at the time he begin insert or
she end insert appears before the magistrate for arraignment and begin delete , if end delete the public
offense is a misdemeanor to which the defendant has pleaded not
guilty, the magistrate, on motion of counsel for the defendant or
the defendant, shall determine whether there is probable cause to
believe that a public offense has been committed and that the
defendant is guilty thereof.

(b) The determination of probable cause shall be made
immediately unless the court grants a continuance for good cause
not to exceed three court days.

begin insert

(c) When the defendant is not in custody at the time he or she
appears for arraignment and the public offense is a misdemeanor
to which the defendant has pleaded not guilty, the magistrate shall
determine whether there is probable cause to believe that a public
offense has been committed and that the defendant is guilty thereof,
unless the counsel for the defendant or the defendant waives that
determination. The determination shall be made 30 days before
the date calendared for trial at the arraignment, unless a later
date is requested by the defense in order to allow the prosecution
to supplement the materials described in subdivision (d) with the
discovery that it is required to provide pursuant to Sections 1054.1
and 1054.7.

end insert begin delete

(c)

end delete

begin insert (d) end insert  In determining the existence of probable cause, the
magistrate shall consider any warrant of arrest with supporting
affidavits, and the sworn complaint together with any documents
or reports incorporated by reference thereto, which, if based on
information and belief, state the basis for begin delete such end delete begin insert that end insert information,
or any other documents of similar reliability.

begin delete

(d)

end delete

begin insert (e) end insert  If, after examining these documents, the court determines
that there exists probable cause to believe that the defendant has
committed the offense charged in the complaint, it shall set the
matter for trial begin insert , in the case of a defendant who is in custody, or
maintain the trial date already calendered, in the case of a
defendant who is not in custody end insert .

begin delete

If

end delete

begin insert (f) end insert begin insert   end insert begin insert If end insert the court determines that no begin delete such end delete probable cause exists, it
shall dismiss the complaint and discharge the defendant.

begin delete

(e)  Within 15 days of the dismissal of a complaint pursuant to
this section the

end delete

begin insert (g) end insert begin insert   end insert begin insert The end insert prosecution may refile the complaint begin insert within 15 days of
the dismissal of a complaint pursuant to this section end insert .

begin delete

A

end delete

begin insert (h) end insert begin insert   end insert begin insert A end insert second dismissal pursuant to this section is a bar to any
other prosecution for the same offense.