Bill Text: CA AB1106 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1106 (Prior Session Legislation)

Bill Title: Criminal procedure: arraignment pilot program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1106 Detail]

Download: California-2015-AB1106-Amended.html

BILL NUMBER: AB 1106	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 27, 2015

   An act to  amend Section 600 of the Public Resources Code,
relating to conservation.   add and repeal Section
991.5 of the Penal Code, relating to criminal procedure. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1106, as amended, Jones-Sawyer.  Department of
Conservation: Director of Conservation.   Criminal
procedure: arraignment pilot program.  
   Existing law requires the magistrate, on motion of counsel for the
defendant or the defendant, when the defendant is in custody at the
time he or she appears before the magistrate for arraignment and the
public offense is a misdemeanor to which the defendant has pleaded
not guilty, to determine whether there is probable cause to believe
that a public offense has been committed and that the defendant is
guilty of that offense. Existing law requires the determination of
probable cause to be made immediately, unless the court grants a
continuance not to exceed 3 court days, for good cause.  
   This bill would require the Judicial Council to establish a 5-year
pilot project in 6 counties, as specified, that would require a
court to apply those same procedures in the case of an arraignment of
a defendant who is not in custody for a public offense that is a
misdemeanor to which the defendant has pleaded not guilty. 

   Existing law establishes the Department of Conservation in the
Natural Resources Agency and provides that the department succeeds to
and is vested with all of the duties, powers, purposes,
responsibilities, and jurisdiction formerly vested in the Department
of Natural Resources or the Director of Natural Resources and
exercised by specified divisions of that department. Existing law
also provides that the department is under the control of an
executive officer known as the Director of Conservation, who is
appointed by and holds office at the pleasure of the Governor.
 
   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1   .    Section 991.5 is added to
the   Penal Code   , to read:  
   991.5.  (a) The Judicial Council shall, on or before July 1, 2017,
select six counties to participate in a five-year pilot project that
would require a court, upon request by the defendant in the case of
a defendant charged with a misdemeanor who is not in custody, to make
a finding at the arraignment as to whether probable cause exists to
believe that a public offense has been committed and that the
defendant is guilty thereof.
   (b) The Judicial Council shall select the six counties that will
participate in the pilot project, provided, however, that the County
of Los Angeles shall be included in the pilot project, and that the
other five counties shall represent small, medium, and large
counties, by population.
   (c) The following arraignment procedure shall apply in the pilot
project counties:
   (1) When the defendant is out of custody at the time he or she
appears before the magistrate for arraignment and the public offense
is a misdemeanor to which the defendant has pleaded not guilty, the
magistrate, on motion of counsel for the defendant or the defendant,
shall determine whether there is probable cause to believe that a
public offense has been committed and that the defendant is guilty
thereof.
   (2) The determination of probable cause shall be made immediately,
unless the court grants a continuance for good cause not to exceed
three court days.
   (3) In determining the existence of probable cause, the magistrate
shall consider any warrant of arrest with supporting affidavits, and
the sworn complaint together with any documents or reports
incorporated by reference thereto, which, if based on information and
belief, state the basis for that information, or any other documents
of similar reliability.
   (4) If, after examining these documents, the court determines that
there exists probable cause to believe that the defendant has
committed the offense charged in the complaint, it shall maintain the
trial date already calendared for the defendant.
   (5) If the court determines that no probable cause exists, it
shall dismiss the complaint and discharge the defendant.
   (6) The prosecution may refile the complaint within 15 days of the
dismissal of a complaint pursuant to this section.
   (7) A second dismissal pursuant to this section is a bar to any
other prosecution for the same offense.
   (d) This section shall become inoperative on July 1, 2022, and, as
of January 1, 2023, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2023, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
       
       
  SECTION 1.    Section 600 of the Public Resources
Code is amended to read:
   600.  As used in this chapter:
   (a) "Department" means the Department of Conservation.
   (b) "Director" means the Director of Conservation.