Arrest warrants: declaration of probable cause.
Summary
Existing law governs the procedure for issuing a warrant of arrest by a magistrate. If a declaration of probable cause is made by a peace officer, existing law requires the magistrate to issue a warrant of probable cause for the arrest of the defendant described in the declaration only if the magistrate is satisfied that there is probable cause that the offense described in the declaration has been committed and that the defendant has committed the offense. Existing law allows the issuing magistrate to examine the person seeking the warrant and any witnesses the person may produce under oath. Existing law provides additional requirements for making and signing the declaration of probable cause, as specified. This bill would require a magistrate, before issuing an arrest warrant pursuant to these provisions, to examine the declaration of probable cause made by a peace officer, or an employee of a public prosecutor's office when the subject of the arrest warrant is a peace officer.
Bill status
signed
all 5 stages cleared
Introduction
Dec 2020
Committee Review
Jun 2021
Assembly Passage
May 2021
Senate Passage
Jun 2021
Signed into Law
Jun 2021
Introduced Dec 18, 2020
Signed Jun 28, 2021
Floor votes · Senate Jun 10, 2021 · Assembly May 3, 2021
How they voted
30–7
Passed · 3 other
Total votes 40
Jun 10, 2021
D
Democratic31
93% Yea
R
Republican9
77% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
18
Key actions
7
Committee
7
Amendments
1
Jun 28, 2021
Signed into law
Approved by the Governor.
legislature
Jun 10, 2021
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Jun 10, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 1471.).
upper
Jun 8, 2021
Upper · Passed
From committee: Do pass. (Ayes 4. Noes 0.) (June 8).
upper
May 12, 2021
Committee
Referred to Com. on PUB. S.
upper
May 3, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 8. Page 1286.)
lower
Apr 21, 2021
Lower · Passed
From committee: Do pass. (Ayes 6. Noes 0.) (April 20).
lower
Apr 15, 2021
Committee
Re-referred to Com. on PUB. S.
lower
Apr 14, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Jan 11, 2021
Committee
Referred to Com. on PUB. S.
lower
Dec 19, 2020
Lower · Passed
From printer. May be heard in committee January 18.
lower
Dec 18, 2020
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Sydney Kamlager
DDemocratic
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