BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2013 (Jones-Sawyer) - Criminal procedure: arraignment pilot
program
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|Version: February 16, 2016 |Policy Vote: PUB. S. 4 - 3 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 11, 2016 |Consultant: Jolie Onodera |
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*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill
Summary: AB 2013 would establish a three-year pilot project in
three counties that would require a court, upon request by 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. This bill would require
the Department of Justice (DOJ) to submit a report to the
Legislature no later than July 1, 2020, regarding the
implementation of the pilot project, as specified.
Fiscal
AB 2013 (Jones-Sawyer) Page 1 of
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Impact:
Courts : Potentially significant increase in court workload
and costs, potentially in the low millions of dollars (General
Fund*), to the extent Los Angeles County is the large county
pilot participant, for new probable cause determinations for
non-custodial misdemeanor defendants. The overall costs of the
pilot project would be dependent on the counties selected for
the project, which are not specified.
DOJ report : One-time costs potentially in excess of $50,000
(General Fund) to collect the required information, including
but not limited to the number of instances that a prompt
probable cause determination made to a non-custodial
misdemeanor defendant resulted in the defendant's early
dismissal, from the pilot counties and report to the specified
Legislative committees.
*Trial Court Trust Fund
Author
Amendments: Reduce the pilot duration from five years to three
years, reduce the pilot size from six counties to three counties
(one small county, one medium county, and one large county, as
defined), and reduce the pilot selection committee size from
five to three members. Amendments additionally specify that the
committee shall be convened by the California Public Defenders
Association and the California District Attorneys Association,
as specified.
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