BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 696|
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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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             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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