California Legislature—2015–16 Regular Session

Assembly Bill No. 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:

SECTION 1.  

Section 853.9 of the Penal Code is amended to
read:

853.9.  

(a)  begin delete Whenever end delete begin insert (1) end insert begin insert   end insert begin insert If end insert written notice to appear has been
prepared, delivered, and filed by an officer or the prosecuting
attorney with the court pursuant to begin delete the provisions of end delete Section begin delete 853.6
of this code, end delete begin insert 853.6, end insert an exact and legible duplicate copy of the
notice when filed with the magistrate, in lieu of a verified
complaint, shall constitute a complaint to which the defendant may
plead “guilty” or “nolo contendere.”

begin delete

If, however, the

end delete

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

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

begin insert

(c) 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.

end insert