BILL NUMBER: AB 2820 INTRODUCED
BILL TEXT
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 congested with congested,
resulting in 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 a 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
a 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 is, in and of
itself 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 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, 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
cases that meet both of the following criteria:
(A) The case involves one or more of the following:
(i) Murder, as defined in subdivision (a) of Section 187.
(ii) Allegations of stalking, as defined in Section 646.9.
(iii) Violation of one or more of the sections specified in
subdivision (a) of Section 11165.1 or Section 11165.6.
(iv) Domestic violence, as defined in Section 13700.
(v) A case being handled in the California Career Criminal
Prosecution Program pursuant to Sections 999b to 999h, inclusive.
(vi) A hate crime, as defined in Title 11.6 (commencing with
Section 422.6) of Part 1.
(vii) A crime against an elder or dependent adult as specified in
Section 368.
(B) 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
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 California Career Criminal
Prosecution Program. Any A continuance
granted to the people in a case involving stalking or handled under
the California 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 a 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 appears
that any a 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 does 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.