Bill Text: CA AB568 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Criminal procedure: testimony of law enforcement officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-19 - Chaptered by Secretary of State - Chapter 125, Statutes of 2013. [AB568 Detail]

Download: California-2013-AB568-Chaptered.html

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BILL NUMBER: AB 568	CHAPTERED
	BILL TEXT

	CHAPTER  125
	FILED WITH SECRETARY OF STATE  AUGUST 19, 2013
	APPROVED BY GOVERNOR  AUGUST 19, 2013
	PASSED THE SENATE  JULY 8, 2013
	PASSED THE ASSEMBLY  MAY 20, 2013

INTRODUCED BY   Assembly Member Muratsuchi

                        FEBRUARY 20, 2013

   An act to amend Section 872 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 568, Muratsuchi. Criminal procedure: testimony of law
enforcement officers.
   Existing law, as amended by Proposition 115, approved by the
voters at the June 5, 1990, statewide primary election, authorizes a
finding of probable cause to be based in whole or in part upon the
sworn testimony of a law enforcement officer or honorably retired law
enforcement officer relating the statements of declarants made out
of court offered for the truth of the matter asserted. Under existing
law that officer is required to have 5 years law enforcement
experience or completed specified training. Existing law provides for
amendment of these provisions by a 2/3 vote of each house of the
Legislature.
   This bill would define a law enforcement officer, for purposes of
these provisions, as any officer or agent employed by a federal,
state, or local government agency who, in addition to that experience
or training, has primary responsibility of the enforcement of any
law, the detection and apprehension of persons who have violated any
law, or the investigation and preparation for prosecution of cases
involving violation of laws.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 872 of the Penal Code is amended to read:
   872.  (a) If, however, it appears from the examination that a
public offense has been committed, and there is sufficient cause to
believe that the defendant is guilty, the magistrate shall make or
indorse on the complaint an order, signed by him or her, to the
following effect: "It appearing to me that the offense in the within
complaint mentioned (or any offense, according to the fact, stating
generally the nature thereof), has been committed, and that there is
sufficient cause to believe that the within named A. B. is guilty, I
order that he or she be held to answer to the same."
   (b) Notwithstanding Section 1200 of the Evidence Code, the finding
of probable cause may be based in whole or in part upon the sworn
testimony of a law enforcement officer or honorably retired law
enforcement officer relating the statements of declarants made out of
court offered for the truth of the matter asserted. An honorably
retired law enforcement officer may only relate statements of
declarants made out of court and offered for the truth of the matter
asserted that were made when the honorably retired officer was an
active law enforcement officer. Any law enforcement officer or
honorably retired law enforcement officer testifying as to hearsay
statements shall either have five years of law enforcement experience
or have completed a training course certified by the Commission on
Peace Officer Standards and Training that includes training in the
investigation and reporting of cases and testifying at preliminary
hearings.
   (c) For purposes of subdivision (b), a law enforcement officer is
any officer or agent employed by a federal, state, or local
government agency to whom all of the following apply:
   (1) Has either five years of law enforcement experience or who has
completed a training course certified by the Commission on Peace
Officer Standards and Training that includes training in the
investigation and reporting of cases and testifying at preliminary
hearings.
   (2) Whose primary responsibility is the enforcement of any law,
the detection and apprehension of persons who have violated any law,
or the investigation and preparation for prosecution of cases
involving violation of laws.