Criminal procedure: arraignment pilot program.
Summary
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. This bill would establish a 3-year pilot project in 3 counties, as specified, that would require a court to apply those same procedures to the 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, except that this bill would allow the court to grant a continuance not to exceed 15 days to determine probable cause. The bill would require the Department of Justice to provide information to the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the appropriate policy committees of the Legislature regarding the implementation of the above provisions no later than July 1, 2020.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2016
Committee Review
Aug 2016
Assembly Passage
Jun 2016
Senate Passage
Aug 2016
Signed into Law
Sep 2016
Introduced Feb 16, 2016
Signed Sep 27, 2016
Floor votes · Senate Aug 24, 2016 · Assembly Jun 1, 2016
How they voted
20–12
Passed · 2 other
Total votes 34
Aug 24, 2016
D
Democratic24
83% Yea
R
Republican10
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
8
Committee
10
Amendments
3
Sep 27, 2016
Signed into law
Approved by the Governor.
legislature
Aug 30, 2016
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 14. Page 6453.).
lower
Aug 26, 2016
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
lower
Aug 24, 2016
Senate · Passed
Senate Vote: pass (20-12-2)
senate
Aug 15, 2016
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Aug 11, 2016
Introduced
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).
upper
Aug 1, 2016
Committee
In committee: Referred to APPR. suspense file.
upper
Jun 29, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (June 28). Re-referred to Com. on APPR.
upper
Jun 9, 2016
Committee
Referred to Com. on PUB. S.
upper
Jun 1, 2016
Assembly · Passed
Assembly Vote: pass (59-14-2)
assembly
May 27, 2016
Lower · Passed
From committee: Do pass. (Ayes 16. Noes 1.) (May 27).
lower
Apr 27, 2016
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 13, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 12). Re-referred to Com. on APPR.
lower
Mar 29, 2016
Lower · Passed
In committee: Hearing postponed by committee.
lower
Feb 29, 2016
Committee
Referred to Com. on PUB. S.
lower
Feb 17, 2016
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Reggie Jones-Sawyer
DDemocratic
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