Bill Text: CA AB1209 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 1209

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

Bill Title: Criminal procedure: public defenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1209 Detail]

Download: California-2023-AB1209-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1209

Introduced by Assembly Member Jones-Sawyer

February 16, 2023

An act to amend Section 825 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

AB 1209, as introduced, Jones-Sawyer. Criminal procedure: attorney visits.

Existing law requires a person arrested to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified. Existing law allows an attorney to visit a prisoner after their arrest upon the request of the prisoner or their relative, as specified.

This bill would additionally allow an attorney’s representative to visit a prisoner after their arrest.

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

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

SECTION 1.

Section 825 of the Penal Code is amended to read:

825.

(a) (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after ~~his or her~~ their arrest, excluding Sundays and holidays.

(2) ~~When~~ If the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session. However, when the defendant’s arrest occurs on a Wednesday after the conclusion of the day’s court session, and if the Wednesday is not a court holiday, the defendant shall be taken before the magistrate not later than the following Friday, if the Friday is not a court holiday.

(b) After the arrest, ~~any~~ an attorney at law entitled to practice in the courts of record of California, or an attorney’s representative, may, at the request of the prisoner or ~~any~~ a relative of the prisoner, visit the prisoner. ~~Any~~ An officer having charge of the prisoner who willfully refuses or neglects to allow that attorney to visit a prisoner is guilty of a misdemeanor. ~~Any~~ An officer having a prisoner in charge, who refuses to allow the attorney to visit the prisoner when proper application is made, shall forfeit and pay to the party aggrieved the sum of five hundred dollars ($500), to be recovered by action in ~~any~~ a court of competent jurisdiction.