BILL NUMBER: AB 1927	INTRODUCED
	BILL TEXT


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)  Whenever   (1)   
 If  written notice to appear has been prepared, delivered,
and filed by an officer or the prosecuting attorney with the court
pursuant to  the provisions of  Section 
853.6 of this code,   853.6,  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." 
   If, however, the 
    (2)     If the  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  the provisions of subdivision (a) of
this section, whenever   subdivision (a), if  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. 
   (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.