Amended in Senate August 31, 2015

Amended in Senate May 18, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 amended, Jones-Sawyer. Defendants: arraignment.

Existing law 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, 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.begin delete 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.end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 991 of the Penal Code is amended to
2read:

3

991.  

(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
14appears before the magistrate for arraignment and the public
15offense is a misdemeanor to which the defendant has pleaded not
16guilty, the magistrate, on motion of counsel for the defendant or
17the defendant, shall determine whether there is probable cause to
18believe that a public offense has been committed and that the
19defendant is guilty thereof. begin delete The determination shall be made 30
20days before the date calendared for trial at the arraignment, unless
21a later date is requested by the defense in order to allow the
22prosecution to supplement the materials described in subdivision
23(d) with the discovery that it is required to provide pursuant to
24Sections 1054.1 and 1054.7.end delete

25(d) In determining the existence of probable cause, the
26magistrate shall consider any warrant of arrest with supporting
27affidavits, and the sworn complaint together with any documents
28or reports incorporated by reference thereto, which, if based on
29information and belief, state the basis for that information, or any
30other documents of similar reliability.

31(e) If, after examining these documents, the court determines
32that there exists probable cause to believe that the defendant has
33committed the offense charged in the complaint, it shall set the
P3    1matter for trial, in the case of a defendant who is in custody, or
2maintain the trial date already calendered, in the case of a defendant
3who is not in custody.

4(f) If the court determines that no probable cause exists, it shall
5dismiss the complaint and discharge the defendant.

6(g) The prosecution may refile the complaint within 15 days of
7the dismissal of a complaint pursuant to this section.

8(h) A second dismissal pursuant to this section is a bar to any
9other prosecution for the same offense.



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