Bill Text: CA SB710 | 2021-2022 | Regular Session | Amended
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-Amended.html
Amended
IN
Senate
March 25, 2021 |
Introduced by Senator Bradford (Principal coauthor: Assembly Member Friedman) |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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.
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 1425 is added to the Penal Code, to read:1425.
(a) For purposes of this chapter, a conflict of interest exists when both of the following occur:SEC. 3.
Section 1425.5 is added to the Penal Code, to read:1425.5.
(a) A district attorney or the Attorney General shall recuse themselves from a decision related to investigating, charging, or prosecuting a peace officer for alleged criminal conduct while on duty if the district attorney or the Attorney General has a conflict of interest.(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 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 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.