Amended in Senate August 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2013


Introduced by Assembly Member Jones-Sawyer

February 16, 2016


An act to add and repeal Section 991.5 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 2013, as amended, 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 abegin delete 5-yearend deletebegin insert 3-yearend insert pilot project inbegin delete 6end deletebegin insert 3end insert counties, as specified, that would require a court to apply those same proceduresbegin delete in the case of anend deletebegin insert to theend insert 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,begin delete 2021.end deletebegin insert 2020.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 991.5 is added to the Penal Code, to read:

2

991.5.  

(a) On or before July 1, 2017,begin delete sixend deletebegin insert threeend insert counties shall
3be selected to participate in abegin delete five-yearend deletebegin insert three-yearend insert pilot project
4that would require a court, upon request by the defendant in the
5case of a defendant charged with a misdemeanor who is not in
6custody, to make a finding at the arraignment as to whether
7probable cause exists to believe that a public offense has been
8committed and that the defendant is guilty thereof.

9(b) The pilot counties shall be selected by abegin delete five memberend delete
10begin insert three-memberend insert committee. One member of the committee shall be
11selected by the California Public Defenders Association, one
12member of the committee shall be selected by the California
13District Attorneys Association,begin insert andend insert one member of the committee
14shall be selected by the Judicial begin delete Council, and two members of the
15committee shall be selected by the Governor. The committee shall
16select the six counties that will participate in the pilot project,
17provided, however, that the County of Los Angeles shall be
18included in the pilot project.end delete
begin insert Council. The committee shall be
19convened by the California Public Defenders Association and the
20California District Attorneys Association. The committee shall
21select one small county, one medium county, and one large county
22to participate in the pilot project. The committee shall consult with
23the relevant local officials in the eligible counties in making its
24selections. A county selected for the pilot project shall have a
25county public defender’s office. For purposes of this section, the
26following terms have the following meanings:end insert

begin insert

27
(1) A “small county” means a county with a population of not
28less than two hundred fifty thousand (250,000) residents and not
29more than seven hundred fifty thousand (750,000) residents.

end insert
begin insert

30
(2) A “medium county” means a county with a population of
31not less than seven hundred fifty thousand one (750,001) and not
32more than two million six hundred thousand (2,600,000) residents.

end insert
begin insert

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(3) A “large county” means a county with a population of not
2less than two million six hundred thousand one (2,600,001)
3residents.

end insert

4(c) The following arraignment procedure shall apply in the pilot
5project counties:

6(1) When the defendant is out of custody at the time he or she
7appears before the magistrate for arraignment and the public
8offense is a misdemeanor to which the defendant has pleaded not
9guilty, the magistrate, on motion of counsel for the defendant or
10the defendant, shall determine whether there is probable cause to
11believe that a public offense has been committed and that the
12defendant is guilty thereof.

13(2) The determination of probable cause shall be made
14immediately, unless the court grants a continuance for good cause
15not to exceed 15 court days.

16(3) In determining the existence of probable cause, the
17magistrate shall consider any warrant of arrest with supporting
18affidavits, and the sworn complaint together with any documents
19or reports incorporated by reference thereto, which, if based on
20information and belief, state the basis for that information, or any
21other documents of similar reliability.

22(4) If, after examining these documents, the court determines
23that there exists probable cause to believe that the defendant has
24committed the offense charged in the complaint, it shall maintain
25the trial date already calendared for the defendant.

26(5) If the court determines that no probable cause exists, it shall
27dismiss the complaint and discharge the defendant.

28(6) The prosecution may refile the complaint within 15 days of
29the dismissal of a complaint pursuant to this section.

30(7) A second dismissal pursuant to this section is a bar to any
31other prosecution for the same offense.

32(d) (1) No later than July 1,begin delete 2021,end deletebegin insert 2020,end insert the Department of
33Justice shall provide information to the Assembly Committee on
34Budget, the Senate Committee on Budget and Fiscal Review, and
35the appropriate policy committees of the Legislature regarding the
36implementation of this section, including, but not limited to, the
37number of instances that a prompt probable cause determination
38made to an Out of Custody defendant facing a misdemeanor charge
39resulted in the defendant’s early dismissal.

P4    1(2) A report submitted pursuant to paragraph (1) shall be
2submitted in compliance with Section 9795 of the Government
3Code.

4(e) This section shall become inoperative on July 1,begin delete 2022,end deletebegin insert 2020,end insert
5 and, as of January 1,begin delete 2023,end deletebegin insert 2021,end insert is repealed, unless a later enacted
6statute, that becomes operative on or before January 1,begin delete 2023,end deletebegin insert 2021,end insert
7 deletes or extends the dates on which it becomes inoperative and
8is repealed.



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