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 853.9 of the Penal Code is amended to
begin deleteWhenever end deletewritten notice to appear has been
2prepared, delivered, and filed by an officer or the prosecuting
3attorney with the court pursuant to
begin delete the provisions ofend delete Section begin delete 853.6 an exact and legible duplicate copy of the
4of this code,end delete
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.”
8If, however, theend delete
9defendant 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
begin deletethe provisions of subdivision (a) of this the written notice to appear
20section, wheneverend delete
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.