Amended in Senate May 17, 2016

Amended in Assembly March 28, 2016

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 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 notice to appear issued tobegin insert and signed byend insert the arrested person is being transmitted in electronic form, the copy of the notice to appear 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:

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SECTION 1.  

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

3

853.9.  

(a) (1) If written notice to appear has been prepared,
4delivered, and filed by an officer or the prosecuting attorney with
5the court pursuant to Section 853.6, an exact and legible duplicate
6copy of the notice when filed with the magistrate, in lieu of a
7verified complaint, shall constitute a complaint to which the
8defendant may plead “guilty” or “nolo contendere.”

9(2) If the defendant 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 subdivision (a), if the written notice to
20appear has been prepared on a form approved by the Judicial
21Council, an exact and legible duplicate copy of the notice when
22filed with the magistrate shall constitute a complaint to which the
23defendant may enter a plea and, if the notice to appear is verified,
24upon which a warrant may be issued. If the notice to appear is not
25verified, the defendant may, at the time of arraignment, request
26that a verified complaint be filed.

27(c) If the notice to appear issued tobegin insert and signed byend insert the arrested
28person is being transmitted in electronic form, the copy of the
29 notice to appear issued to the arrested person need not include the
30signature of the arrested person, unless specifically requested by
31the arrested person.



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