BILL NUMBER: AB 696	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 18, 2015

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 amended, Jones-Sawyer. Defendants: arraignment.
   Existing law  requires the magistrate,  
requires,  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,  the magistrate, on motion of counsel for the defendant
or the defendant,  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,  
require,  when the defendant is not 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,  the magistrate, on motion of counsel for the
defendant or the defendant,  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.   offense.  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) 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, 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  before the magistrate  for arraignment and the
public offense is a misdemeanor to which the defendant has pleaded
not guilty, the  magistrate   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, unless the counsel for the defendant or the defendant waives
that determination.   thereof.  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.
   (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 that information, or any other documents
of similar reliability.
   (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.
   (f) If the court determines that no probable cause exists, it
shall dismiss the complaint and discharge the defendant.
   (g) The prosecution may refile the complaint within 15 days of the
dismissal of a complaint pursuant to this section.
   (h) A second dismissal pursuant to this section is a bar to any
other prosecution for the same offense.