California Legislature—2015–16 Regular Session

Assembly Bill No. 2820

Introduced by Assembly Member Chiu

February 19, 2016

An act to amend Section 1050 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 2820, as introduced, Chiu. Criminal procedure: continuances.

Existing law establishes the requirements for a continuance to be granted in a criminal case, including a showing of good cause. Existing law defines “good cause” for this purpose as including, but not being limited to, cases involving specified crimes, including murder and hate crimes, and where the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court.

This bill would include among the crimes eligible to determine good cause, crimes against elders and dependent adults, as specified. The bill would also make technical, nonsubstantive changes to these provisions.

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

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

SECTION 1.  

Section 1050 of the Penal Code is amended to
read:

1050.  

(a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for trial
and heard and determined at the earliest possible time. To this end,
the Legislature finds that the criminal courts are becoming
increasingly begin delete congested with end delete begin insert congested, end insert resulting begin insert in end insert adverse
consequences to the welfare of the people and the defendant.
Excessive continuances contribute substantially to this congestion
and cause substantial hardship to victims and other witnesses.
Continuances also lead to longer periods of presentence
confinement for those defendants in custody and the concomitant
overcrowding and increased expenses of local jails. It is therefore
recognized that the people, the defendant, and the victims and
other witnesses have the right to an expeditious disposition, and
to that end it shall be the duty of all courts and judicial officers
and of all counsel, both for the prosecution and the defense, to
expedite these proceedings to the greatest degree that is consistent
with the ends of justice. In accordance with this policy, criminal
cases shall be given precedence over, and set for trial and heard
without regard to the pendency of, begin delete any end delete civil matters or proceedings.
In further accordance with this policy, death penalty cases in which
both the prosecution and the defense have informed the court that
they are prepared to proceed to trial shall be given precedence
over, and set for trial and heard without regard to the pendency
of, other criminal cases and begin delete any end delete civil matters or proceedings, unless
the court finds in the interest of justice that it is not appropriate.

(b) To continue begin delete any end delete begin insert a end insert hearing in a criminal proceeding,
including the trial, (1) a written notice shall be filed and served on
all parties to the proceeding at least two court days before the
hearing sought to be continued, together with affidavits or
declarations detailing specific facts showing that a continuance is
necessary and (2) within two court days of learning that he or she
has a conflict in the scheduling of begin delete any end delete begin insert a end insert court hearing, including
a trial, an attorney shall notify the calendar clerk of each court
involved, in writing, indicating which hearing was set first. A party
shall not be deemed to have been served within the meaning of
this section until that party actually has received a copy of the
documents to be served, unless the party, after receiving actual
notice of the request for continuance, waives the right to have the
documents served in a timely manner. Regardless of the proponent
of the motion, the prosecuting attorney shall notify the people’s
witnesses and the defense attorney shall notify the defense’s
witnesses of the notice of motion, the date of the hearing, and the
witnesses’ right to be heard by the court.

(c) Notwithstanding subdivision (b), a party may make a motion
for a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause
for the failure to comply with those requirements, the court may
impose sanctions as provided in Section 1050.5.

(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing,
the court shall make a finding whether good cause has been shown
and, if it finds that there is good cause, shall state on the record
the facts proved that justify its finding. A statement of the finding
and a statement of facts proved shall be entered in the minutes. If
the moving party is unable to show good cause for the failure to
give notice, the motion for continuance shall not be granted.

(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties begin delete is end delete begin insert is, end insert in and of begin delete itself end delete begin insert itself, end insert good cause.

(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall
be entered in the minutes.

(g) (1) When deciding whether or not good cause for a
continuance has been shown, the court shall consider the general
convenience and prior commitments of all witnesses, including
peace officers. Both the general convenience and prior
commitments of each witness also shall be considered in selecting
a continuance date if the motion is granted. The facts as to
inconvenience or prior commitments may be offered by the witness
or by a party to the case.

(2) For purposes of this section, “good cause” includes, but is
not limited to, begin delete those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, or a case being
handled in the Career Criminal Prosecution Program pursuant to
Sections 999b through 999h, or a hate crime, as defined in Title
11.6 (commencing with Section 422.6) of Part 1, has occurred and
the end delete begin insert cases that meet both of the following criteria: end insert

begin insert

(A) The case involves one or more of the following:

end insert begin insert

(i) Murder, as defined in subdivision (a) of Section 187.

end insert begin insert

(ii) Allegations of stalking, as defined in Section 646.9.

end insert begin insert

(iii) Violation of one or more of the sections specified in
subdivision (a) of Section 11165.1 or Section 11165.6.

end insert begin insert

(iv) Domestic violence, as defined in Section 13700.

end insert begin insert

(v) A case being handled in the California Career Criminal
Prosecution Program pursuant to Sections 999b to 999h, inclusive.

end insert begin insert

(vi) A hate crime, as defined in Title 11.6 (commencing with
Section 422.6) of Part 1.

end insert begin insert

(vii) A crime against an elder or dependent adult as specified
in Section 368.

end insert

begin insert (B) end insert begin insert   end insert begin insert The end insert prosecuting attorney assigned to the case has another
trial, preliminary hearing, or motion to suppress in progress in that
court or another court. begin delete A end delete

begin insert A end insert continuance under this paragraph shall be limited to a
maximum of 10 additional court days.

(3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking, hate crimes,
or cases handled under the begin insert California end insert Career Criminal Prosecution
Program. begin delete Any end delete begin insert A end insert continuance granted to the people in a case
involving stalking or handled under the begin insert California end insert Career Criminal
Prosecution Program shall be for the shortest time possible, not to
exceed 10 court days.

(h) Upon a showing that the attorney of record at the time of
the defendant’s first appearance in the superior court on an
indictment or information is a Member of the Legislature of this
state and that the Legislature is in session or that a legislative
interim committee of which the attorney is a duly appointed
member is meeting or is to meet within the next seven days, the
defendant shall be entitled to a reasonable continuance not to
exceed 30 days.

(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing
on the motion. Whenever begin delete any end delete begin insert a end insert continuance is granted, the court
shall state on the record the facts proved that justify the length of
the continuance, and those facts shall be entered in the minutes.

(j) Whenever it begin delete shall appear end delete begin insert appears end insert that begin delete any end delete begin insert a end insert court may be
required, because of the condition of its calendar, to dismiss an
action pursuant to Section 1382, the court must immediately notify
the Chair of the Judicial Council.

(k) This section begin delete shall end delete begin insert does end insert not apply when the preliminary
examination is set on a date less than 10 court days from the date
of the defendant’s arraignment on the complaint, and the
prosecution or the defendant moves to continue the preliminary
examination to a date not more than 10 court days from the date
of the defendant’s arraignment on the complaint.

(l) This section is directory only and does not mandate dismissal
of an action by its terms.