Bill Text: CA AB61 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
An act relating to criminal procedure. An act to amend Section 825 of the Penal Code, and to amend Section 631 of the Welfare and Institutions Code, relating to criminal procedure.
NOYES
Local Program:
NOYES
magistrate court for arraignment and consideration of conditions of release or setting of bail, without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays. their arrest. himself or herself themselves as 18 or more years of age, the minor shall be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless within that period of time a petition to declare the minor a ward has been filed pursuant to this chapter or a criminal complaint against the minor has been filed in a court of competent jurisdiction.SECTION 1.
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-Amended.html
|
Amended
IN
Assembly
February 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 61
| Introduced by Assembly Member Bryan |
December 06, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
AB 61, as amended, Bryan.
Criminal procedure: arraignments. Criminal procedure: arraignment.
Existing law requires a person arrested without a warrant to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified.
This bill would remove the weekends and holidays exemption, thereby requiring a person to be taken before the court within 48 hours of their arrest, or to be released, except that if the 48-hour period expires at a time that the court is in session, the arraignment can occur anytime that day. The bill would require that this initial appearance be an arraignment and include the consideration of conditions of release or bail. The bill would also require the court to make an initial determination of probable cause, as specified.
Existing law similarly requires a juvenile that has been arrested to be released with 48 hours, excluding judicial holidays, unless a petition has been filed to make the minor a ward of the court or charges have been filed charging the minor as an adult.
This bill would additionally prohibit any juvenile from being held for more than 48 hours without receiving an initial judicial determination of probable cause.
By imposing a higher level of service on prosecutors, public defenders, police, jails, and courthouses, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill
would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) It is the intent of the Legislature to update California’s criminal pretrial procedures by ensuring that arraignments occur at regular times and to adhere to applicable precedent from the United States Supreme Court. The Committee on Revision of the Penal Code has recently recommended these reforms in its 2022 Annual Report and Recommendations.
(b) Numerous other states require initial court appearances at more regular
times than California does. At least 13 states require a first appearance to be held within 48 hours of arrest or sooner, including Texas, Florida, Alabama, Georgia, Mississippi, and New York.
(c) The Penal Code also does not contain a codification of the requirement from County of Riverside v. McLaughlin (1991) 500 U.S. 44 that every warrantless arrest be reviewed by a neutral judicial officer for probable cause promptly, but no more than 48 hours after the arrest. Numerous other states such as Florida, Louisiana, and Arizona, expressly incorporate McLaughlin’s requirements of a prompt review of probable cause into their criminal codes.
(d) It is the intent of the Legislature to abrogate the holding of Alfredo A. v. Superior Court (1994) 6 Cal.4th 1212 that a probable cause determination for juveniles may occur more than 48 hours after arrest.
SEC. 2.
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(2) When 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 attorney at law entitled to practice in the courts of record of California, may, at the request of the prisoner or any relative of the prisoner, visit the prisoner. Any 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 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 court of competent jurisdiction.
(c) (1) Promptly after any warrantless arrest, but no more than 48 hours after the arrest, the court shall review the basis for the arrest and make an initial determination whether probable cause exists that an offense has been committed and that the arrested person committed it.
(2) The initial probable cause determination described in paragraph (1) may be based on sworn statements from the arresting officer, may be conducted in chambers or remotely by the court, and need not be an adversary proceeding. It may also occur at the proceeding specified in subdivision (a).
(3) If the court
makes an initial finding of no probable cause pursuant to paragraph (1), the court shall order the person to be released immediately, and shall immediately convey that order to the person having custody of the arrested person.
(4) The court shall make a record of the initial determination of probable cause in the court file. Such record shall include, without limitation, the initial determination of whether the arrest was supported by probable cause, the time of the arrest, the time of the initial determination of probable cause, and any materials relied on by the court in making the determination.
(5) An initial determination of probable cause pursuant to this
subdivision shall not be binding on the court in a preliminary hearing or any other future evidentiary proceeding to determine the existence of probable cause.
SEC. 3.
Section 631 of the Welfare and Institutions Code is amended to read:631.
(a) Except as provided in subdivision (b), whenever a minor is taken into custody by a peace officer or probation officer, except when the minor willfully misrepresents(b) Except when the minor represents himself or herself themselves as 18 or more years of age, whenever a minor is taken into custody by a peace officer or probation officer without a warrant on the belief that the minor has committed a misdemeanor that does not involve violence, the threat of violence, or possession or use of a weapon, and if the minor is not currently on probation or parole, the minor shall be released within 48 hours after having been taken into custody , excluding nonjudicial days, unless a petition has been filed to declare the minor to be a ward of the court and the minor has been ordered detained by a judge or referee of the juvenile court pursuant to Section 635. In all cases involving the detention of a minor pursuant to this subdivision, any decision to detain the minor more than 24 hours shall be subject to written review and approval by a probation officer
who is a supervisor as soon as possible after it is known that the minor will be detained more than 24 hours. However, if the initial decision to detain the minor more than 24 hours is made by a probation officer who is a supervisor, the decision shall not be subject to review and approval.
(c) Whenever a minor who has been held in custody for more than 24 hours by the probation officer is subsequently released and no petition is filed, the probation officer shall prepare a written explanation of why the minor was held in custody for more than 24 hours. The written explanation shall be prepared within 72 hours after the minor is released from custody and filed in the record of the case. A copy of the written explanation shall be sent to the parents, guardian, or other person having care or custody of the minor.
(d) In any case, a minor shall be released within 48 hours after having been taken into custody if that minor does not receive an initial judicial determination of probable cause. This determination may be based on sworn statements from the arresting officer, may be conducted in chambers or remotely by the court, and need not be an adversary proceeding. It may also occur at the detention hearing described in Section 632 if that hearing occurs within 48 hours after the arrest.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.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.
