BILL NUMBER: AB 2013 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
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 a 5-year 3-year
pilot project in 6 3 counties, as
specified, that would require a court to apply those same procedures
in the case of an to the 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. 2020.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 991.5 is added to the Penal Code, to read:
991.5. (a) On or before July 1, 2017, six
three counties shall be selected to participate in a
five-year three-year pilot project that would
require a court, upon request by the defendant in the case of a
defendant charged with a misdemeanor who is not in custody, to make a
finding at the arraignment as to whether probable cause exists to
believe that a public offense has been committed and that the
defendant is guilty thereof.
(b) The pilot counties shall be selected by a five member
three-member committee. One member of the
committee shall be selected by the California Public Defenders
Association, one member of the committee shall be selected by the
California District Attorneys Association, and one member
of the committee shall be selected by the Judicial Council,
and two members of the committee shall be selected by the Governor.
The committee shall select the six counties that will participate in
the pilot project, provided, however, that the County of Los Angeles
shall be included in the pilot project. Council. The
committee shall be convened by the California Public Defenders
Association and the California District Attorneys Association. The
committee shall select one small county, one medium county, and one
large county to participate in the pilot project. The committee shall
consult with the relevant local officials in the eligible counties
in making its selections. A county selected for the pilot project
shall have a county public defender's office. For purposes of this
section, the following terms have the following meanings:
(1) A "small county" means a county with a population of not less
than two hundred fifty thousand (250,000) residents and not more than
seven hundred fifty thousand (750,000) residents.
(2) A "medium county" means a county with a population of not less
than seven hundred fifty thousand one (750,001) and not more than
two million six hundred thousand (2,600,000) residents.
(3) A "large county" means a county with a population of not less
than two million six hundred thousand one (2,600,001) residents.
(c) The following arraignment procedure shall apply in the pilot
project counties:
(1) When the defendant is out of 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, the
magistrate, on motion of counsel for the defendant or the defendant,
shall determine whether there is probable cause to believe that a
public offense has been committed and that the defendant is guilty
thereof.
(2) The determination of probable cause shall be made immediately,
unless the court grants a continuance for good cause not to exceed
15 court days.
(3) In determining the existence of probable cause, the magistrate
shall consider any warrant of arrest with supporting affidavits, and
the sworn complaint together with any documents or reports
incorporated by reference thereto, which, if based on information and
belief, state the basis for that information, or any other documents
of similar reliability.
(4) If, after examining these documents, the court determines that
there exists probable cause to believe that the defendant has
committed the offense charged in the complaint, it shall maintain the
trial date already calendared for the defendant.
(5) If the court determines that no probable cause exists, it
shall dismiss the complaint and discharge the defendant.
(6) The prosecution may refile the complaint within 15 days of the
dismissal of a complaint pursuant to this section.
(7) A second dismissal pursuant to this section is a bar to any
other prosecution for the same offense.
(d) (1) No later than July 1, 2021, 2020,
the Department of Justice shall 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 this section, including,
but not limited to, the number of instances that a prompt probable
cause determination made to an Out of Custody defendant facing a
misdemeanor charge resulted in the defendant's early dismissal.
(2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
(e) This section shall become inoperative on July 1,
2022, 2020, and, as of January 1, 2023,
2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1,
2023, 2021, deletes or extends the dates on
which it becomes inoperative and is repealed.