Bill Text: CA AB61 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Criminal procedure: arraignment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - Died on inactive file. [AB61 Detail]

Download: California-2023-AB61-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 61

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Introduced by Assembly Member Bryan

December 06, 2022

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An act relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

AB 61, as introduced, Bryan. Criminal procedure: arraignments.

Existing law requires that a defendant be taken before a magistrate without unnecessary delay, but not more than 48 hours after arrest, excluding Sundays and holidays. Existing law extends the time to include the duration of the next regular court session on the judicial day immediately following if the 48 hours expire at a time when the court is not in session and authorizes the arraignment to take place at any time while court is in session if the 48-hour period expires while the court is in session.

Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive. Existing law provides that the juvenile court may maintain jurisdiction over a person until the person attains 21 years of age. Existing law establishes procedures for the detention of a minor to include the circumstances under which a peace officer may place a minor in temporary custody and the locations where the detention may take place. Existing law requires a minor who is taken into custody under specified circumstances to be released within 48 hours, excluding nonjudicial days, unless a petition has been filed to declare the minor to be a ward of the court.

This bill would state that it is the intent of the Legislature to enact legislation to ensure all arrested people have their first appearance in court no more than 48 hours after arrest, without exception, and to codify the requirement of a prompt judicial review of probable cause for warrantless arrests of adults and juveniles, as specified.

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.

 It is the intent of the Legislature to enact legislation to do both of the following:

(a) Ensure all arrested people have their first appearance in court no more than 48 hours after arrest, without exception.

(b) Codify the requirement of a prompt judicial review of probable cause for warrantless arrests of adults and juveniles that requires courts to make a record of the determination.