BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 696|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 696
Author: Jones-Sawyer (D)
Amended: 8/31/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-3, 6/16/15
AYES: Hancock, Leno, Liu, Monning
NOES: Anderson, Glazer, Stone
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 60-16, 4/16/15 - See last page for vote
SUBJECT: Defendants: arraignment
SOURCE: California Public Defenders Association
DIGEST: This bill requires the judge to make a finding of
probable cause that a crime has been committed when an out of
custody defendant is facing a misdemeanor charge.
ANALYSIS:
Existing law:
1) Requires that if the defendant is in custody at the time
they appear 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
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Page 2
is probable cause to believe that a public offense has been
committed and that the defendant is guilty thereof. (Penal
Code, § 991 (a).)
2) Requires the determination of probable cause to be made
immediately unless the court grants a continuance for good
cause not to exceed three court days. (Penal Code, § 991(b).)
3) Provides that 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 information, or any other documents of similar
reliability. (Penal Code § 991 (d).)
4) Provides that 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. (Penal Code §
991(e).)
5) Requires the court dismiss the complaint and discharge the
defendant if it determines that no probable cause exists.
(Penal Code, § 991 (f).)
6) Allows the prosecution to refile the complaint within 15
days of the dismissal of a complaint pursuant to Penal Code
section 991. (Penal Code, § 991 (g).)
7) States that a second dismissal pursuant to this section is a
bar to any other prosecution for the same offense. (Penal
Code, § 991 (h).)
8) Requires that when a defendant is arrested, they are to be
taken before the magistrate without unnecessary delay, and,
in any event, within 48 hour, excluding Sundays and holidays.
(Penal Code § 825 (a)(1).)
9) Requires that the 48 hour limitation for arraignment be
extended when:
a) The 48 hours expire at a time when the court in which
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the magistrate is sitting is not in session, that time
shall be extended to include the duration of the next
court session on the judicial day immediately following.
b) The 48-hour period expires at a time when the court in
which the magistrate is sitting is in session, the
arraignment may take place at any time during that
session. However, when the defendant's arrest occurs on a
Wednesday after the conclusion of the day's court session,
and if the Wednesday is not a court holiday, the defendant
shall be taken before the magistrate not later than the
following Friday, if the Friday is not a court holiday.
(Penal Code, § 825 (a)(2).)
10)Allows after the arrest, any attorney at law entitled to
practice in the courts of record of California, at the
request of the prisoner or any relative of the prisoner,
visit the prisoner. Any officer having charge of the prisoner
who willfully refuses or neglects to allow that attorney to
visit a prisoner is guilty of a misdemeanor. Any officer
having a prisoner in charge, who refuses to allow the
attorney to visit the prisoner when proper application is
made, shall forfeit and pay to the party aggrieved the sum of
five hundred dollars ($500), to be recovered by action in any
court of competent jurisdiction. (Penal Code § 825 (b).)
11)Requires the time specified in the notice to appear be at
least 10 days after arrest when a person has been released by
the officer after arrest and issued a citation. (Penal Code,
§ 853.6(b).)
This bill provides that that when the defendant is not in
custody at the time he or she appears for arraignment and the
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 crime has been committed by the defendant.
Comments
Existing law provides that upon motion by an in custody
defendant charged with a misdemeanor, the court shall determine
whether there is probable cause to believe that a public offense
was committed by the defendant. This bill extends the same
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right to such a finding to an out of custody defendant. In
addition to giving a defendant the ability to not have to live
with a potential misdemeanor hanging over his or her head, it
could save a County Public Defender's Office time and money
investigating a case and talking to expert witnesses if a case
where there is not probable cause is dismissed early on.
FISCAL EFFECT: Appropriation: No Fiscal Com.:
NoLocal: No
According to the Senate Appropriations Committee, ongoing
increase in court workload and costs, potentially in the
millions of dollars (General Fund*), for new probable cause
determinations for non-custodial misdemeanor defendants. For
every 10 percent of non-custodial defendants charged with a
misdemeanor who request such a determination of probable cause,
annual costs are estimated at $2.5 million.
*Trial Court Trust Fund
SUPPORT: (Verified 8/28/15)
California Public Defenders Association (source)
Legal Services for Prisoners with Children
OPPOSITION: (Verified 8/15/15)
California District Attorneys Association
Judicial Council of California
ASSEMBLY FLOOR: 60-16, 4/16/15
AYES: Achadjian, Alejo, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley,
Roger Hernández, Holden, Jones-Sawyer, Lackey, Levine, Linder,
Lopez, Low, Maienschein, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Perea, Rendon,
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Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Atkins
NOES: Travis Allen, Baker, Bigelow, Brough, Chávez, Beth
Gaines, Gallagher, Gatto, Harper, Irwin, Kim, Mathis, Mayes,
Patterson, Steinorth, Wagner
NO VOTE RECORDED: Dahle, Grove, Jones, Quirk
Prepared by:Mary Kennedy / PUB. S. /
8/30/15 19:10:20
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