Bill Text: CA AB2432 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Victims of Crime Act.

Spectrum: Partisan Bill (Democrat 26-1)

Status: (Enrolled) 2024-08-27 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). [AB2432 Detail]

Download: California-2023-AB2432-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2432

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Introduced by Assembly Member Gabriel

February 13, 2024

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An act to amend Section 2620 of the Penal Code, relating to prisons.

LEGISLATIVE COUNSEL'S DIGEST

AB 2432, as introduced, Gabriel. Prisons: removal of inmates for court appearances.

Existing law, when it is necessary to have a state prison inmate appear in court, as specified, requires an order to be issued by the superior court of the county in which the action is pending and requires the order to be made on the affidavit of the district attorney or defense attorney, stating the reason it is necessary. Under existing law, an inmate who is removed from prison pursuant to such an order shall be brought before the court by the sheriff of that county, but shall remain in the constructive custody of the prison warden.

This bill would make a technical, nonsubstantive change to this provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 2620 of the Penal Code is amended to read:

2620.

 When it is necessary to have a person imprisoned in the state prison brought before any court to be tried for a felony, or for an examination before a grand jury or magistrate preliminary to such trial, or for the purpose of hearing a motion or other proceeding, to vacate a judgment, an order for the prisoner’s temporary removal from said prison, and for the prisoner’s production before such court, grand jury or magistrate, must be made by the superior court of the county in which said action, motion, or examination is pending or by a judge thereof; such order shall be made only upon the affidavit of the district attorney or defense attorney, stating the purpose for which said the person is to be brought before the court, grand jury or magistrate or upon the court’s own motion. The order shall be executed by the sheriff of the county in which it shall be made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep the prisoner, and when the prisoner’s presence is no longer required to return the prisoner to the prison from whence the prisoner was taken; the expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made.

Such order shall recite the purposes for which said person is to be brought before the court, grand jury or magistrate, and shall be signed by the judge making the order and sealed with the seal of the court. The order must be to the following effect:

County of ____ (as the case may be).

The people of the State of California to the warden of ____:

An order having been made this day by me, that A.B. be produced in the ____ court (or before the grand jury, as the case may be) to be prosecuted or examined for the crime of ____, a felony (or to have said motion heard), you are commanded to deliver the prisoner into the custody of ____ for the purpose of (recite purposes).

Dated this ____ day of ____, 19__.

When a prisoner is removed from a state prison under this section the prisoner shall remain in the constructive custody of the warden thereof. During the prisoner’s absence from the prison, the prisoner may be ordered to appear in other felony proceedings as a defendant or witness in the courts of the county from which the original order directing removal issued. A copy of the written order directing the prisoner to appear before any such court shall be forwarded by the district attorney to the warden of the prison having protective custody of the prisoner.