BILL NUMBER: AB 696	INTRODUCED
	BILL TEXT


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)  If   When    the
defendant is in custody at the time he  or she  appears
before the magistrate for arraignment and  , if  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. 
   (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.  
   (c) 
    (d)  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  such 
 that  information, or any other documents of similar
reliability. 
   (d) 
    (e)  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  , 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  . 
    If 
    (f)     If  the court determines that
no  such  probable cause exists, it shall dismiss
the complaint and discharge the defendant. 
   (e)  Within 15 days of the dismissal of a complaint pursuant to
this section the 
    (g)     The  prosecution may refile
the complaint  within 15 days of the dismissal of a complaint
pursuant to this section  . 
    A 
    (h)     A  second dismissal pursuant
to this section is a bar to any other prosecution for the same
offense.