BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1222|
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THIRD READING
Bill No: SB 1222
Author: Block (D)
Amended: 5/27/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 4/29/14
AYES: Hancock, Knight, Liu, Mitchell, Steinberg
NOES: Anderson
NO VOTE RECORDED: De Le�n
SUBJECT : Dismissal: criminal action
SOURCE : Judicial Council
DIGEST : This bill requires a judge to state the reasons for a
dismissal in a criminal action orally on the record or if
requested by either party written in the minutes.
Senate Floor Amendments of 5/27/14 clarify the intent of the
bill.
Senate Floor Amendments of 5/22/14 provide that if requested by
either party, or if the proceedings are not being recorded, the
reason for the dismissal shall be stated on the record and in
the minutes.
ANALYSIS : Existing law provides that the judge or magistrate
may, either of his/her own motion or upon the application of the
prosecuting attorney, and in furtherance of justice, order an
action to be dismissed. The reasons for dismissal must be set
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forth in an order entered upon the minutes.
This bill requires a judge to state the reasons for a dismissal
orally on the record or set forth in an order entered upon the
minutes if requested by either party or in any case which the
proceedings are not being recorded electronically or reported by
a court reporter.
Comments
Current law authorizes trial courts to dismiss cases in the
interest of justice and requires that the reasons for dismissal
be set forth only in the minutes of the court proceeding.
Statute does not authorize the court to enter the reasons for
dismissal on the record.
Relying only on the minutes is problematic and has resulted in
unnecessary automatic reversals when courts do not enter the
dismissals in the minutes, even though they state the reasons on
the record. Minutes are typically a brief summary of a clerk's
interpretation of what was actually stated by the court, which
raises concerns about accuracy and lack of thorough explanation.
Prosecutors often times do not rely exclusively on the minutes
to determine the reasons for a dismissal; instead, they
typically review transcripts and case files for notes that
explain the reasons.
The requirement to state the reasons serves two main purposes,
to promote judicial accountability by requiring courts to
explain why such a power was exercised and to facilitate
appellate review of the reasons for dismissal. However, due to
the lack of flexibility to the courts, this mandate has led to
costly and extraneous proceedings, when a simple solution is
known.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/27/14)
Judicial Council (source)
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : Judicial Council states:
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Stating reasons for dismissal either on the record is
effective because, as a practical matter, there are often
multiple reasons not easily summarized in the minutes.
Minutes are typically a brief summary of a clerk's
interpretation of what was actually stated by the court,
which raises concerns about accuracy and lack of thorough
explanation. Prosecutors seldom rely
exclusively on the minutes to determine the reasons for a
past dismissal, and instead typically review transcripts
and case files for notes and that explain the reasons.
JG:nl 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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