California Legislature—2015–16 Regular Session

Assembly BillNo. 1927


Introduced by Assembly Member Lackey

February 12, 2016


An act to amend Section 853.9 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 1927, as introduced, Lackey. Criminal procedure: notice to appear.

Existing law, under specified circumstances, requires an officer or his or her superior to prepare in duplicate a written notice for an arrested person to appear in court. Existing law requires that when an officer or the prosecuting attorney has filed the notice to appear with the court, an exact and legible duplicate copy of the notice, in lieu of a verified complaint, constitutes a complaint to which the defendant may plead “guilty” or “nolo contendere.”

This bill would provide that, if the citation issued to the arrested person is being transmitted in electronic form, the copy of the citation issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

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

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

P1    1

SECTION 1.  

Section 853.9 of the Penal Code is amended to
2read:

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853.9.  

(a) begin deleteWhenever end deletebegin insert(1)end insertbegin insertend insertbegin insertIf end insertwritten notice to appear has been
2prepared, delivered, and filed by an officer or the prosecuting
3attorney with the court pursuant tobegin delete the provisions ofend delete Sectionbegin delete 853.6
4of this code,end delete
begin insert 853.6,end insert an exact and legible duplicate copy of the
5notice when filed with the magistrate, in lieu of a verified
6complaint, shall constitute a complaint to which the defendant may
7plead “guilty” or “nolo contendere.”

begin delete

8If, however, the

end delete

9begin insert(2)end insertbegin insertend insertbegin insertIf the end insertdefendant violates his or her promise to appear in
10court, or does not deposit lawful bail, or pleads other than “guilty”
11or “nolo contendere” to the offense charged, a complaint shall be
12filed which shall conform to the provisions of this code and which
13shall be deemed to be an original complaint; and thereafter
14proceedings shall be had as provided by law, except that a
15defendant may, by an agreement in writing, subscribed by him or
16her and filed with the court, waive the filing of a verified complaint
17and elect that the prosecution may proceed upon a written notice
18to appear.

19(b) Notwithstanding begin deletethe provisions of subdivision (a) of this
20section, wheneverend delete
begin insert subdivision (a), ifend insert the written notice to appear
21has been prepared on a form approved by the Judicial Council, an
22exact and legible duplicate copy of the notice when filed with the
23magistrate shall constitute a complaint to which the defendant may
24enter a plea and, if the notice to appear is verified, upon which a
25warrant may be issued. If the notice to appear is not verified, the
26defendant may, at the time of arraignment, request that a verified
27complaint be filed.

begin insert

28(c) If the citation issued to the arrested person is being
29transmitted in electronic form, the copy of the citation issued to
30the arrested person need not include the signature of the arrested
31person, unless specifically requested by the arrested person.

end insert


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