Bill Text: CA AB2056 | 2009-2010 | Regular Session | Amended
Bill Title: Criminal procedure: continuance: assault with intent to
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-04 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB2056 Detail]
Download: California-2009-AB2056-Amended.html
BILL NUMBER: AB 2056 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2010
INTRODUCED BY Assembly Member Miller
FEBRUARY 18, 2010
An act to amend Section 1050 of the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2056, as amended, Miller. Criminal procedure: continuance:
assault with intent to commit rape.
Under existing law, to continue a hearing in a criminal proceeding
specified procedures must be followed. Existing law requires the
court in felony cases to set a trial date within 60 days of the
defendant's arraignment in superior court except upon a showing of
good cause, and prohibits a court from granting a continuance in a
criminal proceeding absent a showing of good cause. Existing law
defines "good cause" for the purpose of these provisions to include,
but not be limited to, cases involving murder, stalking, domestic
violence, or a hate crime when the prosecuting attorney has another
trial, hearing or motion to suppress in progress.
This bill would provide that the crime of assault with intent to
commit rape a specified sexual offense
, in violation of a specified provision, shall be included in the
definition of "good cause," a showing of which is a basis for the
granting of a continuance in a criminal proceeding when the
prosecution is so engaged.
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 assault with intent to commit
rape a specified sexual offense in
violation of Section 220, murder, as defined in subdivision (a) of
Section 187, allegations that stalking, as defined 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.
