Bill Text: CA AB61 | 2023-2024 | Regular Session | Amended
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 |
Introduced by Assembly Member Bryan |
December 06, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
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: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 theSEC. 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 misrepresentsSEC. 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.