Bill Text: CA AB2711 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Oil and gas: loan to City of Hermosa Beach.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-08-26 - Ordered to inactive file at the request of Assembly Member Muratsuchi. [AB2711 Detail]

Download: California-2013-AB2711-Introduced.html

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BILL NUMBER: AB 2711	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Muratsuchi

                        FEBRUARY 21, 2014

   An act to amend Section 1050 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2711, as introduced, Muratsuchi. Criminal procedure: trials:
continuances.
   Existing law authorizes a party to a criminal proceeding to move
for a continuance upon a showing of good cause. Existing law
describes "good cause" for purposes of that provision.
   This bill would 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 resulting 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 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 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 in and of 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  described  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 prosecuting attorney assigned to the case has another trial,
preliminary hearing, or motion to suppress in progress in that court
or another court. 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 Career Criminal Prosecution Program. Any
continuance granted to the people in a case involving stalking or
handled under the 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 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 that any 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 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.