California Legislature—2013–14 Regular Session

Assembly Bill No. 2711

Introduced by Assembly Member Muratsuchi

February 21, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2711, as introduced, Muratsuchi. Criminal procedure: trials: continuances.

Existing law authorizes a party to a criminal proceeding to move for a continuance upon a showing of good cause. Existing law describes “good cause” for purposes of that provision.

This bill would 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 congested with resulting 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, any 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 any civil matters or proceedings, unless the court finds in the
interest of justice that it is not appropriate.

(b) To continue any 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 any 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 is in and of itself 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 begin delete or not end delete 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, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as begin delete defined end delete
begin insert described end insert 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, begin delete or end delete domestic violence as defined in Section 13700, begin delete or end delete 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 prosecuting attorney assigned to the case has
another trial, preliminary hearing, or motion to suppress in progress
in that court or another court. A 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 Career Criminal Prosecution Program.
Any continuance granted to the people in a case involving stalking
or handled under the 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 any 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 shall appear that any 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 shall 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.