AB 2013, as introduced, Jones-Sawyer. Criminal procedure: arraignment pilot program.
Existing law requires the magistrate, on motion of counsel for the defendant or the defendant, when the defendant is in custody at the time he or she appears before the magistrate for arraignment and the public offense is a misdemeanor to which the defendant has pleaded not guilty, to determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty of that offense. Existing law requires the determination of probable cause to be made immediately, unless the court grants a continuance not to exceed 3 court days, for good cause.
This bill would establish a 5-year pilot project in 6 counties, as specified, that would require a court to apply those same procedures in the case of an arraignment of a defendant who is not in custody for a public offense that is a misdemeanor to which the defendant has pleaded not guilty, except that this bill would allow the court to grant a continuance not to exceed 15 days to determine probable cause.
The bill would require the Department of Justice to provide information to the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the appropriate policy committees of the Legislature regarding the implementation of the above provisions no later than July 1, 2021.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 991.5 is added to the Penal Code, to read:
(a) On or before July 1, 2017, six counties shall be
3selected to participate in a five-year pilot project that would require
4a court, upon request by the defendant in the case of a defendant
5charged with a misdemeanor who is not in custody, to make a
6finding at the arraignment as to whether probable cause exists to
7believe that a public offense has been committed and that the
8defendant is guilty thereof.
9(b) The pilot counties shall be selected by a five member
10committee. One member of the committee shall be selected by the
11California Public Defenders Association, one member of the
12committee shall be selected by the California District Attorneys
13Association, one member of the committee shall be selected by
14the Judicial Council, and two members of
the committee shall be
15selected by the Governor. The committee shall select the six
16counties that will participate in the pilot project, provided, however,
17that the County of Los Angeles shall be included in the pilot
18project.
19(c) The following arraignment procedure shall apply in the pilot
20project counties:
21(1) When the defendant is out of custody at the time he or she
22appears before the magistrate for arraignment and the public
23offense is a misdemeanor to which the defendant has pleaded not
24guilty, the magistrate, on motion of counsel for the defendant or
25the defendant, shall determine whether there is probable cause to
26believe that a public offense has been committed and that the
27defendant is guilty thereof.
28(2) The determination of probable cause shall be made
29immediately, unless the court grants a continuance
for good cause
30not to exceed 15 court days.
31(3) In determining the existence of probable cause, the
32magistrate shall consider any warrant of arrest with supporting
33affidavits, and the sworn complaint together with any documents
P3 1or reports incorporated by reference thereto, which, if based on
2information and belief, state the basis for that information, or any
3other documents of similar reliability.
4(4) If, after examining these documents, the court determines
5that there exists probable cause to believe that the defendant has
6committed the offense charged in the complaint, it shall maintain
7the trial date already calendared for the defendant.
8(5) If the court determines that no probable cause exists, it shall
9dismiss the complaint and discharge the defendant.
10(6) The prosecution may refile the complaint within 15 days of
11the dismissal of a complaint pursuant to this section.
12(7) A second dismissal pursuant to this section is a bar to any
13other prosecution for the same offense.
14(d) (1) No later than July 1, 2021, the Department of Justice
15shall provide information to the Assembly Committee on Budget,
16the Senate Committee on Budget and Fiscal Review, and the
17appropriate policy committees of the Legislature regarding the
18implementation of this section, including, but not limited to, the
19number of instances that a prompt probable cause determination
20made to an Out of Custody defendant facing a misdemeanor charge
21resulted in the defendant’s early dismissal.
22(2) A report submitted pursuant to paragraph (1) shall be
23submitted in compliance with
Section 9795 of the Government
24Code.
25(e) This section shall become inoperative on July 1, 2022, and,
26as of January 1, 2023, is repealed, unless a later enacted statute,
27that becomes operative on or before January 1, 2023, deletes or
28extends the dates on which it becomes inoperative and is repealed.
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