(a) The Judicial Council shall, on or before July 1,
32017, select six counties to participate in a five-year pilot project
4that would require a court, upon request by the defendant in the
5case of a defendant charged with a misdemeanor who is not in
6custody, to make a finding at the arraignment as to whether
7probable cause exists to believe that a public offense has been
8committed and that the defendant is guilty thereof.
9(b) The Judicial Council shall select the six counties that will
10participate in the pilot project, provided, however, that the County
11of Los Angeles shall be included in the pilot project, and that the
12other five counties shall represent small, medium, and large
13counties, by population.
14(c) The following arraignment procedure shall apply in the pilot
16(1) When the defendant is out of custody at the time he or she
17appears before the magistrate for arraignment and the public
18offense is a misdemeanor to which the defendant has pleaded not
19guilty, the magistrate, on motion of counsel for the defendant or
20the defendant, shall determine whether there is probable cause to
21believe that a public offense has been committed and that the
22defendant is guilty thereof.
23(2) The determination of probable cause shall be made
24immediately, unless the court grants a continuance for good cause
25not to exceed three court days.
26(3) In determining the existence of probable cause, the
27magistrate shall consider any warrant of arrest with supporting
affidavits, and the sworn complaint together with any documents
2or reports incorporated by reference thereto, which, if based on
3information and belief, state the basis for that information, or any
4other documents of similar reliability.
5(4) If, after examining these documents, the court determines
6that there exists probable cause to believe that the defendant has
7committed the offense charged in the complaint, it shall maintain
8the trial date already calendared for the defendant.
9(5) If the court determines that no probable cause exists, it shall
10dismiss the complaint and discharge the defendant.
11(6) The prosecution may refile the complaint within 15 days of
12the dismissal of a complaint pursuant to this section.
13(7) A second dismissal pursuant to this
section is a bar to any
14other prosecution for the same offense.
15(d) This section shall become inoperative on July 1, 2022, and,
16as of January 1, 2023, is repealed, unless a later enacted statute,
17that becomes operative on or before January 1, 2023, deletes or
18extends the dates on which it becomes inoperative and is repealed.