Bill Text: CA SB710 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: District attorneys: conflicts of interest.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2021-08-26 - August 26 hearing: Held in committee and under submission. [SB710 Detail]

Download: California-2021-SB710-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 710


Introduced by Senator Bradford

February 19, 2021


An act to amend Section 1424 of the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 710, as introduced, Bradford. Criminal procedure.
Existing law authorizes a party to file a motion to disqualify a district attorney, city attorney, or city prosecutor from performing an authorized duty. Existing law requires notice of the motion to be served on the district attorney, city attorney, or city prosecutor and other specified parties at least 10 court days before the motion is heard.
This bill would instead require notice of the motion to be served at least 5 days before the motion is heard.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1424 of the Penal Code is amended to read:

1424.
 (a) (1) Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the Attorney General at least 10 five court days before the motion is heard. The notice of motion shall contain a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the moving party and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit. The district attorney or the Attorney General, or both, may file affidavits in opposition to the motion and may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The judge shall review the affidavits and determine whether or not an evidentiary hearing is necessary. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial. An order recusing the district attorney from any proceeding may be reviewed by extraordinary writ or may be appealed by the district attorney or the Attorney General. The order recusing the district attorney shall be stayed pending any review authorized by this section. If the motion is brought at or before the preliminary hearing, it may not be renewed in the trial court on the basis of facts that were raised or could have been raised at the time of the original motion.
(2) An appeal from an order of recusal or from a case involving a charge punishable as a felony shall be made pursuant to Chapter 1 (commencing with Section 1235) of Title 9, regardless of the court in which the order is made. An appeal from an order of recusal in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11, regardless of the court in which the order is made.
(b) (1) Notice of a motion to disqualify a city attorney or city prosecutor from performing an authorized duty involving a criminal matter shall be served on the city attorney or city prosecutor and the district attorney at least 10 five court days before the motion is heard. The notice of motion shall set forth a statement of the facts relevant to the claimed disqualification and the legal authorities relied on by the moving party. The district attorney may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue. The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial.
(2) An order recusing the city attorney or city prosecutor from a proceeding may be appealed by the city attorney or city prosecutor or the district attorney. The order recusing the city attorney or city prosecutor shall be stayed pending an appeal authorized by this section. An appeal from an order of disqualification in a misdemeanor case shall be made pursuant to Chapter 2 (commencing with Section 1466) of Title 11.
(c) Motions to disqualify the city attorney or city prosecutor and the district attorney shall be separately made.

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