Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2359Introduced by Assembly Member MaienscheinFebruary 13, 2018 An act to amend Section 1050 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 2359, as amended, Maienschein. Hearings: continuances.Existing law requires that a written notice be filed and served on all parties to a criminal proceeding at least 2 court days before a hearing, including a trial, is sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary. Existing law specifies that a party is not deemed to have been with that notice until the party has actually received a copy of the documents to be served, or has waived the right to be served in a timely manner, as specified.This bill would make a technical, nonsubstantive change to those provisions.Existing law authorizes a party in a criminal proceeding to request the continuance of a hearing to a later date, and prescribes the procedures and requirements for requesting a continuance. Existing law authorizes a court to waive these requirements if the moving party shows good cause for the failure to comply with them. Good cause is defined to include instances in which the prosecuting attorney assigned to a case involving the commission of specified crimes has another proceeding in progress in that court or another court.This bill would also authorize a court to grant a continuance if a prosecuting attorney is assigned to a case involving a person with a developmental disability, as defined, who is a victim of, or a material witness to, a violent or serious felony, as specified, and the prosecuting attorney has another proceeding in that court or another court.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1050 of the Penal Code is amended to read:1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be is the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate.(b) In order to continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the peoples witnesses and the defense attorney shall notify the defenses witnesses of the notice of motion, the date of the hearing, and the witnesses right to be heard by the court.(c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5.(d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted.(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.(f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.(g) (1)When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case.(2)For purposes of this section, good cause includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.(h) For purposes of this section, good cause includes, but is not limited to, instances in which the prosecuting attorney assigned to any of the following cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court:(1) A case involving murder, as defined in subdivision (a) of Section 187.(2) A case being handled in the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.(3) A case involving a person with a developmental disability who is either the victim of, or a material witness to, a violent felony or a serious felony.(4) Cases alleging that the following have occurred:(A) Stalking, as defined in Section 646.9.(B) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.(C) Domestic violence, as defined in Section 13700.(D) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.(5) A continuance granted under this subdivision shall be limited to a maximum of 10 court days.(3)(i) Only one continuance per case may be granted to the people under this subdivision section for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.(h)(j) Upon a showing that the attorney of record at the time of the defendants first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days.(i)(k) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes.(j)(l) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.(k)(m) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendants arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendants arraignment on the complaint.(n) For purposes of this section, the following definitions apply:(1) Person with a developmental disability means a person described in subdivision (d) of Section 667.9.(2) Serious felony means an offense enumerated in subdivision (c) of Section 1192.7.(3) Violent felony means an offense enumerated in subdivision (c) of Section 667.5.(l)(o) This section is directory only and does not mandate dismissal of an action by its terms.
Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2359Introduced by Assembly Member MaienscheinFebruary 13, 2018 An act to amend Section 1050 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 2359, as amended, Maienschein. Hearings: continuances.Existing law requires that a written notice be filed and served on all parties to a criminal proceeding at least 2 court days before a hearing, including a trial, is sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary. Existing law specifies that a party is not deemed to have been with that notice until the party has actually received a copy of the documents to be served, or has waived the right to be served in a timely manner, as specified.This bill would make a technical, nonsubstantive change to those provisions.Existing law authorizes a party in a criminal proceeding to request the continuance of a hearing to a later date, and prescribes the procedures and requirements for requesting a continuance. Existing law authorizes a court to waive these requirements if the moving party shows good cause for the failure to comply with them. Good cause is defined to include instances in which the prosecuting attorney assigned to a case involving the commission of specified crimes has another proceeding in progress in that court or another court.This bill would also authorize a court to grant a continuance if a prosecuting attorney is assigned to a case involving a person with a developmental disability, as defined, who is a victim of, or a material witness to, a violent or serious felony, as specified, and the prosecuting attorney has another proceeding in that court or another court.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 15, 2018
Amended IN Assembly March 15, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2359
Introduced by Assembly Member MaienscheinFebruary 13, 2018
Introduced by Assembly Member Maienschein
February 13, 2018
An act to amend Section 1050 of the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2359, as amended, Maienschein. Hearings: continuances.
Existing law requires that a written notice be filed and served on all parties to a criminal proceeding at least 2 court days before a hearing, including a trial, is sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary. Existing law specifies that a party is not deemed to have been with that notice until the party has actually received a copy of the documents to be served, or has waived the right to be served in a timely manner, as specified.This bill would make a technical, nonsubstantive change to those provisions.Existing law authorizes a party in a criminal proceeding to request the continuance of a hearing to a later date, and prescribes the procedures and requirements for requesting a continuance. Existing law authorizes a court to waive these requirements if the moving party shows good cause for the failure to comply with them. Good cause is defined to include instances in which the prosecuting attorney assigned to a case involving the commission of specified crimes has another proceeding in progress in that court or another court.This bill would also authorize a court to grant a continuance if a prosecuting attorney is assigned to a case involving a person with a developmental disability, as defined, who is a victim of, or a material witness to, a violent or serious felony, as specified, and the prosecuting attorney has another proceeding in that court or another court.
Existing law requires that a written notice be filed and served on all parties to a criminal proceeding at least 2 court days before a hearing, including a trial, is sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary. Existing law specifies that a party is not deemed to have been with that notice until the party has actually received a copy of the documents to be served, or has waived the right to be served in a timely manner, as specified.
This bill would make a technical, nonsubstantive change to those provisions.
Existing law authorizes a party in a criminal proceeding to request the continuance of a hearing to a later date, and prescribes the procedures and requirements for requesting a continuance. Existing law authorizes a court to waive these requirements if the moving party shows good cause for the failure to comply with them. Good cause is defined to include instances in which the prosecuting attorney assigned to a case involving the commission of specified crimes has another proceeding in progress in that court or another court.
This bill would also authorize a court to grant a continuance if a prosecuting attorney is assigned to a case involving a person with a developmental disability, as defined, who is a victim of, or a material witness to, a violent or serious felony, as specified, and the prosecuting attorney has another proceeding in that court or another court.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1050 of the Penal Code is amended to read:1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be is the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate.(b) In order to continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the peoples witnesses and the defense attorney shall notify the defenses witnesses of the notice of motion, the date of the hearing, and the witnesses right to be heard by the court.(c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5.(d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted.(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.(f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.(g) (1)When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case.(2)For purposes of this section, good cause includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.(h) For purposes of this section, good cause includes, but is not limited to, instances in which the prosecuting attorney assigned to any of the following cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court:(1) A case involving murder, as defined in subdivision (a) of Section 187.(2) A case being handled in the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.(3) A case involving a person with a developmental disability who is either the victim of, or a material witness to, a violent felony or a serious felony.(4) Cases alleging that the following have occurred:(A) Stalking, as defined in Section 646.9.(B) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.(C) Domestic violence, as defined in Section 13700.(D) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.(5) A continuance granted under this subdivision shall be limited to a maximum of 10 court days.(3)(i) Only one continuance per case may be granted to the people under this subdivision section for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.(h)(j) Upon a showing that the attorney of record at the time of the defendants first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days.(i)(k) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes.(j)(l) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.(k)(m) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendants arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendants arraignment on the complaint.(n) For purposes of this section, the following definitions apply:(1) Person with a developmental disability means a person described in subdivision (d) of Section 667.9.(2) Serious felony means an offense enumerated in subdivision (c) of Section 1192.7.(3) Violent felony means an offense enumerated in subdivision (c) of Section 667.5.(l)(o) This section is directory only and does not mandate dismissal of an action by its terms.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1050 of the Penal Code is amended to read:1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be is the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate.(b) In order to continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the peoples witnesses and the defense attorney shall notify the defenses witnesses of the notice of motion, the date of the hearing, and the witnesses right to be heard by the court.(c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5.(d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted.(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.(f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.(g) (1)When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case.(2)For purposes of this section, good cause includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.(h) For purposes of this section, good cause includes, but is not limited to, instances in which the prosecuting attorney assigned to any of the following cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court:(1) A case involving murder, as defined in subdivision (a) of Section 187.(2) A case being handled in the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.(3) A case involving a person with a developmental disability who is either the victim of, or a material witness to, a violent felony or a serious felony.(4) Cases alleging that the following have occurred:(A) Stalking, as defined in Section 646.9.(B) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.(C) Domestic violence, as defined in Section 13700.(D) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.(5) A continuance granted under this subdivision shall be limited to a maximum of 10 court days.(3)(i) Only one continuance per case may be granted to the people under this subdivision section for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.(h)(j) Upon a showing that the attorney of record at the time of the defendants first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days.(i)(k) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes.(j)(l) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.(k)(m) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendants arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendants arraignment on the complaint.(n) For purposes of this section, the following definitions apply:(1) Person with a developmental disability means a person described in subdivision (d) of Section 667.9.(2) Serious felony means an offense enumerated in subdivision (c) of Section 1192.7.(3) Violent felony means an offense enumerated in subdivision (c) of Section 667.5.(l)(o) This section is directory only and does not mandate dismissal of an action by its terms.
SECTION 1. Section 1050 of the Penal Code is amended to read:
### SECTION 1.
1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be is the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate.(b) In order to continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the peoples witnesses and the defense attorney shall notify the defenses witnesses of the notice of motion, the date of the hearing, and the witnesses right to be heard by the court.(c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5.(d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted.(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.(f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.(g) (1)When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case.(2)For purposes of this section, good cause includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.(h) For purposes of this section, good cause includes, but is not limited to, instances in which the prosecuting attorney assigned to any of the following cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court:(1) A case involving murder, as defined in subdivision (a) of Section 187.(2) A case being handled in the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.(3) A case involving a person with a developmental disability who is either the victim of, or a material witness to, a violent felony or a serious felony.(4) Cases alleging that the following have occurred:(A) Stalking, as defined in Section 646.9.(B) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.(C) Domestic violence, as defined in Section 13700.(D) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.(5) A continuance granted under this subdivision shall be limited to a maximum of 10 court days.(3)(i) Only one continuance per case may be granted to the people under this subdivision section for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.(h)(j) Upon a showing that the attorney of record at the time of the defendants first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days.(i)(k) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes.(j)(l) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.(k)(m) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendants arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendants arraignment on the complaint.(n) For purposes of this section, the following definitions apply:(1) Person with a developmental disability means a person described in subdivision (d) of Section 667.9.(2) Serious felony means an offense enumerated in subdivision (c) of Section 1192.7.(3) Violent felony means an offense enumerated in subdivision (c) of Section 667.5.(l)(o) This section is directory only and does not mandate dismissal of an action by its terms.
1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be is the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate.(b) In order to continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the peoples witnesses and the defense attorney shall notify the defenses witnesses of the notice of motion, the date of the hearing, and the witnesses right to be heard by the court.(c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5.(d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted.(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.(f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.(g) (1)When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case.(2)For purposes of this section, good cause includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.(h) For purposes of this section, good cause includes, but is not limited to, instances in which the prosecuting attorney assigned to any of the following cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court:(1) A case involving murder, as defined in subdivision (a) of Section 187.(2) A case being handled in the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.(3) A case involving a person with a developmental disability who is either the victim of, or a material witness to, a violent felony or a serious felony.(4) Cases alleging that the following have occurred:(A) Stalking, as defined in Section 646.9.(B) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.(C) Domestic violence, as defined in Section 13700.(D) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.(5) A continuance granted under this subdivision shall be limited to a maximum of 10 court days.(3)(i) Only one continuance per case may be granted to the people under this subdivision section for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.(h)(j) Upon a showing that the attorney of record at the time of the defendants first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days.(i)(k) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes.(j)(l) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.(k)(m) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendants arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendants arraignment on the complaint.(n) For purposes of this section, the following definitions apply:(1) Person with a developmental disability means a person described in subdivision (d) of Section 667.9.(2) Serious felony means an offense enumerated in subdivision (c) of Section 1192.7.(3) Violent felony means an offense enumerated in subdivision (c) of Section 667.5.(l)(o) This section is directory only and does not mandate dismissal of an action by its terms.
1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be is the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate.(b) In order to continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the peoples witnesses and the defense attorney shall notify the defenses witnesses of the notice of motion, the date of the hearing, and the witnesses right to be heard by the court.(c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5.(d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted.(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.(f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.(g) (1)When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case.(2)For purposes of this section, good cause includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.(h) For purposes of this section, good cause includes, but is not limited to, instances in which the prosecuting attorney assigned to any of the following cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court:(1) A case involving murder, as defined in subdivision (a) of Section 187.(2) A case being handled in the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.(3) A case involving a person with a developmental disability who is either the victim of, or a material witness to, a violent felony or a serious felony.(4) Cases alleging that the following have occurred:(A) Stalking, as defined in Section 646.9.(B) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.(C) Domestic violence, as defined in Section 13700.(D) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.(5) A continuance granted under this subdivision shall be limited to a maximum of 10 court days.(3)(i) Only one continuance per case may be granted to the people under this subdivision section for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.(h)(j) Upon a showing that the attorney of record at the time of the defendants first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days.(i)(k) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes.(j)(l) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.(k)(m) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendants arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendants arraignment on the complaint.(n) For purposes of this section, the following definitions apply:(1) Person with a developmental disability means a person described in subdivision (d) of Section 667.9.(2) Serious felony means an offense enumerated in subdivision (c) of Section 1192.7.(3) Violent felony means an offense enumerated in subdivision (c) of Section 667.5.(l)(o) This section is directory only and does not mandate dismissal of an action by its terms.
1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be is the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate.
(b) In order to continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the peoples witnesses and the defense attorney shall notify the defenses witnesses of the notice of motion, the date of the hearing, and the witnesses right to be heard by the court.
(c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5.
(d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted.
(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.
(f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes.
(g) (1)When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case.
(2)For purposes of this section, good cause includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.
(h) For purposes of this section, good cause includes, but is not limited to, instances in which the prosecuting attorney assigned to any of the following cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court:
(1) A case involving murder, as defined in subdivision (a) of Section 187.
(2) A case being handled in the California Career Criminal Prosecution Program pursuant to Sections 999b to 999h, inclusive.
(3) A case involving a person with a developmental disability who is either the victim of, or a material witness to, a violent felony or a serious felony.
(4) Cases alleging that the following have occurred:
(A) Stalking, as defined in Section 646.9.
(B) A violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6.
(C) Domestic violence, as defined in Section 13700.
(D) A hate crime, as defined in Title 11.6 (commencing with Section 422.55) of Part 1.
(5) A continuance granted under this subdivision shall be limited to a maximum of 10 court days.
(3)
(i) Only one continuance per case may be granted to the people under this subdivision section for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.
(h)
(j) Upon a showing that the attorney of record at the time of the defendants first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days.
(i)
(k) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes.
(j)
(l) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must shall immediately notify the Chair of the Judicial Council.
(k)
(m) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendants arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendants arraignment on the complaint.
(n) For purposes of this section, the following definitions apply:
(1) Person with a developmental disability means a person described in subdivision (d) of Section 667.9.
(2) Serious felony means an offense enumerated in subdivision (c) of Section 1192.7.
(3) Violent felony means an offense enumerated in subdivision (c) of Section 667.5.
(l)
(o) This section is directory only and does not mandate dismissal of an action by its terms.