AB 696, as amended, Jones-Sawyer. Defendants: arraignment.
Existing lawbegin delete requires the magistrate,end deletebegin insert requires,end insert 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,begin insert the magistrate, on motion of counsel for the defendant or the defendant,end insert 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 wouldbegin delete require the magistrate,end deletebegin insert require,end insert when the defendant is not in custody at the time he or she appearsbegin insert before the magistrateend insert for arraignment and the public offense is a misdemeanor to which the defendant has pleaded not guilty,begin insert the magistrate, on motion of counsel for the defendant or the defendant,end insert to determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty of thatbegin delete offense, unless the counsel for the defendant or the defendant waives that determination.end deletebegin insert
offense.end insert 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 991 of the Penal Code is amended to
2read:
(a) When the defendant is in custody at the time he or
4she appears before the magistrate for arraignment and the public
5offense is a misdemeanor to which the defendant has pleaded not
6guilty, the magistrate, on motion of counsel for the defendant or
7the defendant, shall determine whether there is probable cause to
8believe that a public offense has been committed and that the
9defendant is guilty thereof.
10(b) The determination of probable cause shall be made
11immediately unless the court grants a continuance for good cause
12not to exceed three court days.
13(c) When the defendant is not in custody at
the time he or she
14appearsbegin insert before the magistrateend insert for arraignment and the public
15offense is a misdemeanor to which the defendant has pleaded not
16guilty, thebegin delete magistrateend deletebegin insert magistrate, on motion of counsel for the
17defendant or the defendant,end insert shall determine whether there is
18probable cause to believe that a public offense has been committed
19and that the defendant is guiltybegin delete thereof, unless the counsel for the begin insert thereof.end insert The
20defendant or the defendant waives that determination.end delete
21
determination shall be made 30 days before the date calendared
22for trial at the arraignment, unless a later date is requested by the
23defense in order to allow the prosecution to supplement the
24materials described in subdivision (d) with the discovery that it is
25required to provide pursuant to Sections 1054.1 and 1054.7.
26(d) In determining the existence of probable cause, the
27magistrate shall consider any warrant of arrest with supporting
28affidavits, and the sworn complaint together with any documents
29or reports incorporated by reference thereto, which, if based on
30information and belief, state the basis for that information, or any
31other documents of similar reliability.
32(e) If, after examining these documents, the court determines
33that there exists probable cause to believe
that the defendant has
P3 1committed the offense charged in the complaint, it shall set the
2matter for trial, in the case of a defendant who is in custody, or
3maintain the trial date already calendered, in the case of a defendant
4who is not in custody.
5(f) If the court determines that no probable cause exists, it shall
6dismiss the complaint and discharge the defendant.
7(g) The prosecution may refile the complaint within 15 days of
8the dismissal of a complaint pursuant to this section.
9(h) A second dismissal pursuant to this section is a bar to any
10other prosecution for the same offense.
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