BILL ANALYSIS �
SB 1222
Page 1
Date of Hearing: June 24, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1222 (Block) - As Amended: May 27, 2014
SUMMARY : Allows a court to orally state the reason for the
dismissal of an action on the record, or by setting forth the
reasons in an order entered upon the minutes if requested by
either party.
EXISTING LAW :
1)Provides that a judge or magistrate may, either on his or her
motion or upon the application of the prosecuting attorney,
and in furtherance of justice, order that an action be
dismissed. The reasons for the dismissal must be set forth in
an order entered upon the minutes. No dismissal shall be made
for any cause which would be grounds for a demurrer to the
accusatory pleading. (Pen. Code, � 1385, subd. (a).)
2)Defines a "court record" to consist of all of the following:
a) All filed papers and documents in the case folder, but
if no case folder is created by the
court, all filed papers and documents that would have been in
the case folder if one had been created;
b) Administrative records filed in an action or
proceeding, depositions, transcripts, including
preliminary hearing transcripts, and recordings of
electronically recorded proceedings filed, lodged, or
maintained in connection with the case, unless disposed of
earlier in the case pursuant to law; and,
c) Other records listed in subdivision (j) of Gov. Code, �
68152. (Gov. Code, � 68151 subd. (a.)
3)Defines a "court record" to mean any document, paper, or
exhibit filed by the parties to an action or proceeding; any
order or judgment of the court; and any item listed in Gov.
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Code, � 68151 subd. (a), excluding any reporter's transcript
for which the reporter is entitled to receive a fee for any
copy. The term does not include the personal notes or
preliminary memoranda of judges or other judicial branch
personnel. (Cal. Rules of Court, rule 2.502.)
4)Provides that court minutes are the official (permanent)
record of a court proceeding,
detailing what witnesses appeared, what motions were made, and
what findings were reached, or what orders were issued by the
court. (California Courts Self-Help Glossary.)
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "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.
Recent cuts to the judiciary have forced our courts to come up
SB 1222
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with efficiencies that will save time, money, and resources
while preserving justice. SB 1222 is a smart and efficient
proposal that accomplishes both of these goals."
REGISTERED SUPPORT / OPPOSITION :
Support
Judicial Council of California (Sponsor)
Taxpayers for Improving Public Safety
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744