AB 1927, as amended, 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
begin delete citationend delete issued to the arrested person is being transmitted in electronic form, the copy of the begin delete citationend delete 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
(a) (1) If written notice to appear has been prepared,
2delivered, and filed by an officer or the prosecuting attorney with
3the court pursuant to Section 853.6, an exact and legible duplicate
4copy of the notice when filed with the magistrate, in lieu of a
5verified complaint, shall constitute a complaint to which the
6defendant may plead “guilty” or “nolo contendere.”
7(2) If the defendant violates his or her promise to appear in
8court, or does not deposit lawful bail, or pleads other than “guilty”
9or “nolo contendere” to the offense charged, a complaint shall be
10filed which shall conform to the provisions of this code and which
11shall be deemed to be an original complaint; and thereafter
12proceedings shall be had as provided by law, except that a
13defendant may, by an agreement in writing, subscribed by him or
14her and filed with the court, waive the filing of a verified complaint
15and elect that the prosecution may proceed upon a written notice
17(b) Notwithstanding subdivision (a), if the written notice to
18appear has been prepared on a form approved by the Judicial
19Council, an exact and legible duplicate copy of the notice when
20filed with the magistrate shall constitute a complaint to which the
21defendant may enter a plea and, if the notice to appear is verified,
22upon which a warrant may be issued. If the notice to appear is not
23verified, the defendant may, at the time of arraignment, request
24that a verified complaint be filed.
25(c) If the
begin delete citationend delete issued to the arrested person
26is being transmitted in electronic form, the copy of the
begin delete citationend delete
27 issued to the arrested person need not include the
28signature of the arrested person, unless specifically requested by
29the arrested person.