Bill Text: CA AB2625 | 2017-2018 | Regular Session | Amended
Bill Title: Criminal procedure: continuances: good cause.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-04-26 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2625 Detail]
Download: California-2017-AB2625-Amended.html
|
Amended
IN
Assembly
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2625 |
| Introduced by Assembly Member Arambula |
February 15, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
AB 2625, as amended, Arambula.
Human trafficking. Criminal procedure: continuances: good cause.
Existing law, as amended by the Californians Against Sexual Exploitation Act, an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election (CASE Act), proscribes the crime of human trafficking. Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or to effect or maintain a violation of various felony or misdemeanor offenses, including offenses relating to prostitution, child pornography, as specified, or extortion, as defined, guilty of human trafficking. Existing law makes a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the
intent to effect or maintain a violation of various felony or misdemeanor offenses, also guilty of human trafficking.
Existing law establishes the requirements for a continuance to be granted in a criminal case, including a showing of good cause. Existing law defines “good cause” for this purpose (1) to include, but not be limited to, cases involving specified crimes, including murder and domestic violence, and (2) to apply when the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court.
This bill would expand the list of crimes that may support a finding of good cause to specifically include human trafficking, as defined by the CASE Act. The bill would also make technical and clarifying changes.
Existing law requires a law enforcement agency to use due diligence to identify all victims of human trafficking, regardless of the citizenship of the person. Existing law requires a peace officer who comes into contact with a person who has been deprived of his or her personal liberty, a minor who has engaged in a commercial sex act, a person suspected of lewd conduct in public or soliciting or engaging in prostitution, or a victim of a crime of domestic violence or sexual assault, to consider whether indicators of human trafficking are present, including signs of trauma, fatigue, injury, or other evidence of poor care.
This bill would make technical, nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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(b) To continue any a 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 a 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 is, in and of itself 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) (A) For purposes of this section, “good cause” includes, but is not limited to, cases that meet both of the following criteria:
(i) The case involves one or more of the following:
(I) Murder, as defined in subdivision (a) of Section 187.
(II) An allegation of
stalking, as defined in Section 646.9.
(III) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.
(IV) Domestic violence, as defined in subdivision (b) of Section 13700.
(V) A case being handled under the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.
(VI) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.
(VII) Human trafficking, as defined in Section 236.1.
(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 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
(ii) 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.
(B) 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 California Career Criminal Prosecution Program. Any A continuance granted to the people in a case involving stalking or handled under the California 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 a 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 appears that any a court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.
(k) This section shall does 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.
A law enforcement agency shall use due diligence to identify all victims of human trafficking, regardless of the citizenship of the person. When a peace officer comes into contact with a person who has been deprived of his or her personal liberty, a minor who has engaged in a commercial sex act, a person suspected of violating subdivision (a) or (b) of Section 647, or a victim of a crime of domestic violence or sexual assault, the peace officer shall consider
whether the following indicators of human trafficking are present:
(a)Signs of trauma, fatigue, injury, or other evidence of poor care.
(b)The person is withdrawn, afraid to talk, or his or her communication is censored by another person.
(c)The person does not have freedom of movement.
(d)The person lives and works in one place.
(e)The person owes a debt to his or her employer.
(f)Security measures are used to control who has contact with the person.
(g)The person does not have control over his or her own government-issued identification or over his or
her worker immigration documents.
