Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1106


Introduced by Assembly Member Jones-Sawyer

February 27, 2015


An act tobegin delete amend Section 600 of the Public Resources Code, relating to conservation.end deletebegin insert add and repeal Section 991.5 of the Penal Code, relating to criminal procedure.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1106, as amended, Jones-Sawyer. begin deleteDepartment of Conservation: Director of Conservation. end deletebegin insertCriminal procedure: arraignment pilot program.end insert

begin insert

Existing law requires the magistrate, on motion of counsel for the defendant or the defendant, 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, 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.

end insert
begin insert

This bill would require the Judicial Council to establish a 5-year pilot project in 6 counties, as specified, that would require a court to apply those same procedures in the case of an arraignment of a defendant who is not in custody for a public offense that is a misdemeanor to which the defendant has pleaded not guilty.

end insert
begin delete

Existing law establishes the Department of Conservation in the Natural Resources Agency and provides that the department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction formerly vested in the Department of Natural Resources or the Director of Natural Resources and exercised by specified divisions of that department. Existing law also provides that the department is under the control of an executive officer known as the Director of Conservation, who is appointed by and holds office at the pleasure of the Governor.

end delete
begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1end insertbegin insert.end insert  

end insert

begin insertSection 991.5 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert991.5.end insert  

(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
15project counties:

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
P3    1 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.

end insert
begin delete

  

end delete
begin delete

  

end delete
begin delete19

SECTION 1.  

Section 600 of the Public Resources Code is
20amended to read:

21

600.  

As used in this chapter:

22(a) “Department” means the Department of Conservation.

23(b) “Director” means the Director of Conservation.

end delete


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