BILL ANALYSIS
AB 250
Page 1
Date of Hearing: May 12, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 250 (Miller) - As Amended: May 7, 2009
SUMMARY : Requires that the withdrawal of a general time waiver
be done in open court, and that a trial date be set and that all
parties be properly notified of the trial date.
EXISTING LAW :
1)States that both the People and a defendant have a right to a
speedy and public trial. (California Constitution, Article I,
Section 13.)
2)Provides that in a felony case, when a defendant is not
brought to trial within 60 days of the defendant's arraignment
on an indictment or information, or in the case the cause is
to be tried again following a mistrial, the court shall,
unless good cause to the contrary is shown, order that the
case be dismissed. [Penal Code Section 1382(a)(2).]
3)Provides that if the defendant enters a general time waiver to
the 60 day trial requirement, and if the defendant, after
proper notice to all parties, later withdraws his or her
waiver in the superior court, the defendant shall be brought
to trial within 60 days of that withdrawal. [Penal Code
Section 1382(a)(2)(A).]
4)Provides that in a misdemeanor case, regardless of when the
complaint was filed, if the defendant is not brought to trial
within 30 days of arraignment if the defendant is in custody,
or within 45 days of arraignment if the defendant is not in
custody, the court shall dismiss the case. [Penal Code
Section 1382(a)(3).]
5)Provides that if the defendant enters a general time waiver to
the 30 day or 45 day trial requirement, and if the defendant,
after proper notice to all parties, later withdraws his or her
waiver, the defendant shall be brought to trial within 30 of
AB 250
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that withdrawal. [Penal Code Section 1382(a)(3)(A).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Penal Code
Section 1382 describes a defendant's right to a speedy trial.
Specifically, Penal Code Section 1382(a)(2)(A) (felony cases)
and Section1382(a)(3)(A) (misdemeanor cases) provide that a
defendant may enter a general time waiver, entitling the court
to set or continue a trial date without the sanction of
dismissal should the case fail to proceed on the date set for
trial. The statutes further provide that a defendant who
withdraws such a waiver, after proper notice to all parties,
shall be brought to trial within 60 days (felony cases) or 30
days (misdemeanor cases) of the date of that withdrawal or the
court shall order the action dismissed. The statues do not
specify that the withdrawal must be made in open court nor
does it specify a minimum period of notice before the
withdrawal becomes effective.
"In Arias v. Superior Court of Orange County , 84 Cal. Rptr.3d
264, the Court granted the petitioner's writ of mandate to
compel the trial court to grant his motion to dismiss based on
failure to bring the matter to trial within the time specified
by Penal Code Section 1382.
"Prosecution offices are facing increased workloads due to the
filing of more cases and reductions in the number of deputy
district attorneys because of fiscal difficulties. For these
reasons, vertical prosecution (one deputy handles the case
from charging to sentencing) is even more rare than it used to
be, especially in garden-variety cases. As a result, deputies
are handling large numbers of case files at any given time,
and they often see the file for the first time only a few days
before the next scheduled proceeding. If a general time
waiver is filed only in writing and not in open court, the
distinct probability exists that it will be placed in the
file, only to be seen a few days or hours before the 30- or
60-day period lapses."
2)Argument in Support : The Office of the Attorney General
states, "The Attorney General's Office is pleased to support
AB 250, a measure that will require the withdrawal of a time
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waiver to occur in open court. In People v. Arias (2008) 167
Ca.App.4thSupp. 1, the court held that a defendant could
successfully withdraw his waiver and his right to a speedy
trial simply by filing a p leading with the court, even though
the defendant had previously agreed in open court to a
pre-trail hearing date outside the speedy trial deadlines. As
a result of this gamesmanship, the defendant was successfully
able to get the criminal case against him dismissed. As a
matter of fundamental fairness, a defendant who waives his
right to a speedy trial in open court should be required to
enter a withdrawal of the same waiver in open court. AB 250
will accomplish this by striking the appropriate balance
between ensuring the constitutional right to a speedy trial is
honored while preventing unwarranted dismissals of criminal
cases."
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association
California State Sheriffs' Association
Chief Probation Officers of California
Crime Victims United of California
Judicial Council of California
Los Angeles County District Attorney's Office
Office of the Attorney General
Orange County District Attorney's Office
Riverside County District Attorney's Office
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744