Bill Text: CA AB696 | 2015-2016 | Regular Session | Enrolled

California Assembly Bill 696 (Prior Session Legislation)

Bill Title: Defendants: arraignment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB696 Detail]

Download: California-2015-AB696-Enrolled.html

BILL NUMBER: AB 696	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2015
	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN SENATE  MAY 18, 2015

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 25, 2015

   An act to amend Section 991 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 696, Jones-Sawyer. Defendants: arraignment.
   Existing law requires, when the defendant is in custody at the
time he or she appears before the magistrate for arraignment and the
public offense is a misdemeanor to which the defendant has pleaded
not guilty, the magistrate, on motion of counsel for the defendant or
the defendant, to determine whether there is probable cause to
believe that a public offense has been committed and that the
defendant is guilty of that offense. Existing law requires the
determination of probable cause to be made immediately, unless the
court grants a continuance not to exceed 3 court days, for good
cause.
   This bill would require, when the defendant is not in custody at
the time he or she appears before the magistrate for arraignment and
the public offense is a misdemeanor to which the defendant has
pleaded not guilty, the magistrate, on motion of counsel for the
defendant or the defendant, to determine whether there is probable
cause to believe that a public offense has been committed and that
the defendant is guilty of that offense.


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

  SECTION 1.  Section 991 of the Penal Code is amended to read:
   991.  (a) When the defendant is in custody at the time he or she
appears before the magistrate for arraignment and the public offense
is a misdemeanor to which the defendant has pleaded not guilty, the
magistrate, on motion of counsel for the defendant or the defendant,
shall determine whether there is probable cause to believe that a
public offense has been committed and that the defendant is guilty
thereof.
   (b) The determination of probable cause shall be made immediately
unless the court grants a continuance for good cause not to exceed
three court days.
   (c) When the defendant is not in custody at the time he or she
appears before the magistrate for arraignment and the public offense
is a misdemeanor to which the defendant has pleaded not guilty, the
magistrate, on motion of counsel for the defendant or the defendant,
shall determine whether there is probable cause to believe that a
public offense has been committed and that the defendant is guilty
thereof.
   (d) In determining the existence of probable cause, the magistrate
shall consider any warrant of arrest with supporting affidavits, and
the sworn complaint together with any documents or reports
incorporated by reference thereto, which, if based on information and
belief, state the basis for that information, or any other documents
of similar reliability.
   (e) If, after examining these documents, the court determines that
there exists probable cause to believe that the defendant has
committed the offense charged in the complaint, it shall set the
matter for trial, in the case of a defendant who is in custody, or
maintain the trial date already calendered, in the case of a
defendant who is not in custody.
   (f) If the court determines that no probable cause exists, it
shall dismiss the complaint and discharge the defendant.
   (g) The prosecution may refile the complaint within 15 days of the
dismissal of a complaint pursuant to this section.
   (h) A second dismissal pursuant to this section is a bar to any
other prosecution for the same offense.