| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 745Introduced by Assembly Member ReyesFebruary 15, 2017 An act to amend Section 273.8 of the Penal Code, relating to spousal abuse. add Chapter 3.5 (commencing with Section 811) to Title 3 of Part 2 of the Penal Code, relating to commissioners.LEGISLATIVE COUNSEL'S DIGESTAB 745, as amended, Reyes. Spousal abuse: Spousal Abuser Prosecution Program. Commissioners: criminal proceedings. Existing law authorizes a presiding judge of a court to direct a commissioner to perform duties and exercise authority relating to certain criminal proceedings, including, among others, conducting arraignment proceedings and issuing and signing bench warrants.This bill would expand the authority of a presiding judge to direct a commissioner to perform duties and exercise authority in criminal proceedings to include, among others, issuing a search warrant, issuing a warrant of commitment, and presiding over peace bond hearings. The bill also makes legislative findings and declarations in support of its provisions.Existing law establishes the Spousal Abuser Prosecution Program for the purpose of awarding funds to cities and counties in which prosecuting agencies establish spousal abuser prosecution units. Existing law makes findings about the efficacy of specially trained prosecutors in increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences and states the intent of the Legislature to support increased efforts to prosecute spousal abusers.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled.(2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes.(3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305).(4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges.(5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 of the California Rules of Court requires that if a court disciplines a subordinate judicial officer by written reprimand, suspension, or termination for conduct that, if alleged against a judge, would be within the jurisdiction of the Commission on Judicial Performance under Section 18 of Article VI of the California Constitution, the presiding judge of the court must promptly forward to the commission a copy of the portions of the court file that reasonably reflect the basis of the action taken by the court, including the complaint or allegations of misconduct and the subordinate judicial officers response. Section 18.1 of Article VI of the California Constitution requires the Commission on Judicial Performance to exercise discretionary jurisdiction with regard to the oversight and discipline of commissioners.(6) Allowing courts to assign commissioners to perform magistrate duties provides greater flexibility in the use of existing judicial and commissioner resources to increase access to justice while equitably addressing judicial workload concerns.(b) It is the intent of the Legislature that commissioners who are assigned to perform magistrate duties receive the same level of training and oversight required for trial court judges assigned to perform those duties.SEC. 2. Chapter 3.5 (commencing with Section 811) is added to Title 3 of Part 2 of the Penal Code, to read: CHAPTER 3.5. Matters Before Commissioners811. (a) The presiding judge of a court may direct a commissioner to perform any of the following duties or exercise any of the following authority of a magistrate:(1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807.(2) The authority to order a search warrant pursuant to Section 1524.(3) The authority to issue and sign a bench warrant pursuant to Section 72190.1 of the Government Code.(4) The authority to issue a warrant of commitment pursuant to Sections 881 and 1488.(5) The authority to arraign a defendant and to bind the defendant over for trial or to release the defendant pursuant to Section 72190.1 of the Government Code or Section 858, and to fix the amount of bail pursuant to Section 815a.(6) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2.(7) Perform other duties as provided in Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties.(b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to Section 810.(c) This section is not intended to limit the authority of commissioners established by other provisions of law.SECTION 1.Section 273.8 of the Penal Code is amended to read:273.8.The Legislature hereby finds that spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State of California. The Legislature further finds that the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders. In enacting this chapter, it is the intent of the Legislature to support increased efforts by district attorneys and city attorneys offices to prosecute spousal abusers through organizational and operational techniques that have already proven their effectiveness in selected cities and counties in this and other states. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 745Introduced by Assembly Member ReyesFebruary 15, 2017 An act to amend Section 273.8 of the Penal Code, relating to spousal abuse. add Chapter 3.5 (commencing with Section 811) to Title 3 of Part 2 of the Penal Code, relating to commissioners.LEGISLATIVE COUNSEL'S DIGESTAB 745, as amended, Reyes. Spousal abuse: Spousal Abuser Prosecution Program. Commissioners: criminal proceedings. Existing law authorizes a presiding judge of a court to direct a commissioner to perform duties and exercise authority relating to certain criminal proceedings, including, among others, conducting arraignment proceedings and issuing and signing bench warrants.This bill would expand the authority of a presiding judge to direct a commissioner to perform duties and exercise authority in criminal proceedings to include, among others, issuing a search warrant, issuing a warrant of commitment, and presiding over peace bond hearings. The bill also makes legislative findings and declarations in support of its provisions.Existing law establishes the Spousal Abuser Prosecution Program for the purpose of awarding funds to cities and counties in which prosecuting agencies establish spousal abuser prosecution units. Existing law makes findings about the efficacy of specially trained prosecutors in increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences and states the intent of the Legislature to support increased efforts to prosecute spousal abusers.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 30, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 02, 2017 | |
| 8 | 7 | Amended IN Assembly March 30, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 745 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member ReyesFebruary 15, 2017 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Reyes | |
| 17 | 16 | February 15, 2017 | |
| 18 | 17 | ||
| 19 | - | An act to add | |
| 18 | + | An act to amend Section 273.8 of the Penal Code, relating to spousal abuse. add Chapter 3.5 (commencing with Section 811) to Title 3 of Part 2 of the Penal Code, relating to commissioners. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 745, as amended, Reyes. Commissioners: criminal proceedings. | |
| 24 | + | AB 745, as amended, Reyes. Spousal abuse: Spousal Abuser Prosecution Program. Commissioners: criminal proceedings. | |
| 26 | 25 | ||
| 27 | - | Existing law authorizes a presiding judge of a court to direct a commissioner to perform duties and exercise authority relating to certain criminal proceedings, including, among others, conducting arraignment proceedings and issuing and signing bench warrants.This bill would | |
| 26 | + | Existing law authorizes a presiding judge of a court to direct a commissioner to perform duties and exercise authority relating to certain criminal proceedings, including, among others, conducting arraignment proceedings and issuing and signing bench warrants.This bill would expand the authority of a presiding judge to direct a commissioner to perform duties and exercise authority in criminal proceedings to include, among others, issuing a search warrant, issuing a warrant of commitment, and presiding over peace bond hearings. The bill also makes legislative findings and declarations in support of its provisions.Existing law establishes the Spousal Abuser Prosecution Program for the purpose of awarding funds to cities and counties in which prosecuting agencies establish spousal abuser prosecution units. Existing law makes findings about the efficacy of specially trained prosecutors in increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences and states the intent of the Legislature to support increased efforts to prosecute spousal abusers.This bill would make a technical, nonsubstantive change to these provisions. | |
| 28 | 27 | ||
| 29 | 28 | Existing law authorizes a presiding judge of a court to direct a commissioner to perform duties and exercise authority relating to certain criminal proceedings, including, among others, conducting arraignment proceedings and issuing and signing bench warrants. | |
| 30 | 29 | ||
| 31 | - | This bill would | |
| 30 | + | This bill would expand the authority of a presiding judge to direct a commissioner to perform duties and exercise authority in criminal proceedings to include, among others, issuing a search warrant, issuing a warrant of commitment, and presiding over peace bond hearings. The bill also makes legislative findings and declarations in support of its provisions. | |
| 32 | 31 | ||
| 33 | - | This bill would make legislative findings and declarations as to the necessity of a special statute for the superior courts located within the County of Riverside and the County of San Bernardino. | |
| 32 | + | Existing law establishes the Spousal Abuser Prosecution Program for the purpose of awarding funds to cities and counties in which prosecuting agencies establish spousal abuser prosecution units. Existing law makes findings about the efficacy of specially trained prosecutors in increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences and states the intent of the Legislature to support increased efforts to prosecute spousal abusers. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would make a technical, nonsubstantive change to these provisions. | |
| 37 | + | ||
| 38 | + | ||
| 34 | 39 | ||
| 35 | 40 | ## Digest Key | |
| 36 | 41 | ||
| 37 | 42 | ## Bill Text | |
| 38 | 43 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled.(2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes.(3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305).(4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges.(5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled.(2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes.(3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305).(4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges.(5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 of the California Rules of Court requires that if a court disciplines a subordinate judicial officer by written reprimand, suspension, or termination for conduct that, if alleged against a judge, would be within the jurisdiction of the Commission on Judicial Performance under Section 18 of Article VI of the California Constitution, the presiding judge of the court must promptly forward to the commission a copy of the portions of the court file that reasonably reflect the basis of the action taken by the court, including the complaint or allegations of misconduct and the subordinate judicial officers response. Section 18.1 of Article VI of the California Constitution requires the Commission on Judicial Performance to exercise discretionary jurisdiction with regard to the oversight and discipline of commissioners.(6) Allowing courts to assign commissioners to perform magistrate duties provides greater flexibility in the use of existing judicial and commissioner resources to increase access to justice while equitably addressing judicial workload concerns.(b) It is the intent of the Legislature that commissioners who are assigned to perform magistrate duties receive the same level of training and oversight required for trial court judges assigned to perform those duties.SEC. 2. Chapter 3.5 (commencing with Section 811) is added to Title 3 of Part 2 of the Penal Code, to read: CHAPTER 3.5. Matters Before Commissioners811. (a) The presiding judge of a court may direct a commissioner to perform any of the following duties or exercise any of the following authority of a magistrate:(1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807.(2) The authority to order a search warrant pursuant to Section 1524.(3) The authority to issue and sign a bench warrant pursuant to Section 72190.1 of the Government Code.(4) The authority to issue a warrant of commitment pursuant to Sections 881 and 1488.(5) The authority to arraign a defendant and to bind the defendant over for trial or to release the defendant pursuant to Section 72190.1 of the Government Code or Section 858, and to fix the amount of bail pursuant to Section 815a.(6) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2.(7) Perform other duties as provided in Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties.(b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to Section 810.(c) This section is not intended to limit the authority of commissioners established by other provisions of law.SECTION 1.Section 273.8 of the Penal Code is amended to read:273.8.The Legislature hereby finds that spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State of California. The Legislature further finds that the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders. In enacting this chapter, it is the intent of the Legislature to support increased efforts by district attorneys and city attorneys offices to prosecute spousal abusers through organizational and operational techniques that have already proven their effectiveness in selected cities and counties in this and other states. | |
| 40 | 45 | ||
| 41 | 46 | The people of the State of California do enact as follows: | |
| 42 | 47 | ||
| 43 | 48 | ## The people of the State of California do enact as follows: | |
| 44 | 49 | ||
| 45 | - | SECTION 1. (a) The Legislature finds and declares all of the following:(1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled.(2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes.(3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305).(4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges.(5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 | |
| 50 | + | SECTION 1. (a) The Legislature finds and declares all of the following:(1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled.(2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes.(3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305).(4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges.(5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 of the California Rules of Court requires that if a court disciplines a subordinate judicial officer by written reprimand, suspension, or termination for conduct that, if alleged against a judge, would be within the jurisdiction of the Commission on Judicial Performance under Section 18 of Article VI of the California Constitution, the presiding judge of the court must promptly forward to the commission a copy of the portions of the court file that reasonably reflect the basis of the action taken by the court, including the complaint or allegations of misconduct and the subordinate judicial officers response. Section 18.1 of Article VI of the California Constitution requires the Commission on Judicial Performance to exercise discretionary jurisdiction with regard to the oversight and discipline of commissioners.(6) Allowing courts to assign commissioners to perform magistrate duties provides greater flexibility in the use of existing judicial and commissioner resources to increase access to justice while equitably addressing judicial workload concerns.(b) It is the intent of the Legislature that commissioners who are assigned to perform magistrate duties receive the same level of training and oversight required for trial court judges assigned to perform those duties. | |
| 46 | 51 | ||
| 47 | - | SECTION 1. (a) The Legislature finds and declares all of the following:(1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled.(2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes.(3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305).(4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges.(5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 | |
| 52 | + | SECTION 1. (a) The Legislature finds and declares all of the following:(1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled.(2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes.(3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305).(4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges.(5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 of the California Rules of Court requires that if a court disciplines a subordinate judicial officer by written reprimand, suspension, or termination for conduct that, if alleged against a judge, would be within the jurisdiction of the Commission on Judicial Performance under Section 18 of Article VI of the California Constitution, the presiding judge of the court must promptly forward to the commission a copy of the portions of the court file that reasonably reflect the basis of the action taken by the court, including the complaint or allegations of misconduct and the subordinate judicial officers response. Section 18.1 of Article VI of the California Constitution requires the Commission on Judicial Performance to exercise discretionary jurisdiction with regard to the oversight and discipline of commissioners.(6) Allowing courts to assign commissioners to perform magistrate duties provides greater flexibility in the use of existing judicial and commissioner resources to increase access to justice while equitably addressing judicial workload concerns.(b) It is the intent of the Legislature that commissioners who are assigned to perform magistrate duties receive the same level of training and oversight required for trial court judges assigned to perform those duties. | |
| 48 | 53 | ||
| 49 | 54 | SECTION 1. (a) The Legislature finds and declares all of the following: | |
| 50 | 55 | ||
| 51 | 56 | ### SECTION 1. | |
| 52 | 57 | ||
| 53 | 58 | (1) There is a critical shortage of judges relative to the workload needs in Californias trial courts. The Judicial Council has reported to the Legislature and the Governor pursuant to paragraph (1) of subdivision (c) of Section 69614 of the Government Code that based on its 2016 Judicial Needs Assessment, 31 courts need new judgeships, for a total need of 188.5 full-time equivalent judicial positions, known as FTEs. The need estimate does not include judicial vacancies resulting from retirements, elevations, or other vacancies that have not yet been filled. | |
| 54 | 59 | ||
| 55 | 60 | (2) The publics right to timely access to justice should not be contingent on the resource levels of the county in which they reside or bring their legal disputes. | |
| 56 | 61 | ||
| 57 | 62 | (3) The purpose of commissioners is to assist an overburdened judiciary with the performance of subordinate judicial duties(Branson v. Martin (1997) 56 Cal.App.4th 300, 305). | |
| 58 | 63 | ||
| 59 | 64 | (4) Rule 10.462 of the California Rules of Court requires that commissioners receive the same level and rigor of training as trial court judges. | |
| 60 | 65 | ||
| 61 | - | (5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 | |
| 66 | + | (5) Commissioners are subject to the California Code of Judicial Ethics. Rule 10.763 of the California Rules of Court requires that if a court disciplines a subordinate judicial officer by written reprimand, suspension, or termination for conduct that, if alleged against a judge, would be within the jurisdiction of the Commission on Judicial Performance under Section 18 of Article VI of the California Constitution, the presiding judge of the court must promptly forward to the commission a copy of the portions of the court file that reasonably reflect the basis of the action taken by the court, including the complaint or allegations of misconduct and the subordinate judicial officers response. Section 18.1 of Article VI of the California Constitution requires the Commission on Judicial Performance to exercise discretionary jurisdiction with regard to the oversight and discipline of commissioners. | |
| 62 | 67 | ||
| 63 | 68 | (6) Allowing courts to assign commissioners to perform magistrate duties provides greater flexibility in the use of existing judicial and commissioner resources to increase access to justice while equitably addressing judicial workload concerns. | |
| 64 | 69 | ||
| 65 | 70 | (b) It is the intent of the Legislature that commissioners who are assigned to perform magistrate duties receive the same level of training and oversight required for trial court judges assigned to perform those duties. | |
| 66 | 71 | ||
| 67 | - | SEC. 2. Chapter 3.5 (commencing with Section 811) is added to Title 3 of Part 2 of the Penal Code, to read: CHAPTER 3.5. Matters Before Commissioners811. (a) | |
| 72 | + | SEC. 2. Chapter 3.5 (commencing with Section 811) is added to Title 3 of Part 2 of the Penal Code, to read: CHAPTER 3.5. Matters Before Commissioners811. (a) The presiding judge of a court may direct a commissioner to perform any of the following duties or exercise any of the following authority of a magistrate:(1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807.(2) The authority to order a search warrant pursuant to Section 1524.(3) The authority to issue and sign a bench warrant pursuant to Section 72190.1 of the Government Code.(4) The authority to issue a warrant of commitment pursuant to Sections 881 and 1488.(5) The authority to arraign a defendant and to bind the defendant over for trial or to release the defendant pursuant to Section 72190.1 of the Government Code or Section 858, and to fix the amount of bail pursuant to Section 815a.(6) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2.(7) Perform other duties as provided in Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties.(b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to Section 810.(c) This section is not intended to limit the authority of commissioners established by other provisions of law. | |
| 68 | 73 | ||
| 69 | 74 | SEC. 2. Chapter 3.5 (commencing with Section 811) is added to Title 3 of Part 2 of the Penal Code, to read: | |
| 70 | 75 | ||
| 71 | 76 | ### SEC. 2. | |
| 72 | 77 | ||
| 73 | - | CHAPTER 3.5. Matters Before Commissioners811. (a) | |
| 78 | + | CHAPTER 3.5. Matters Before Commissioners811. (a) The presiding judge of a court may direct a commissioner to perform any of the following duties or exercise any of the following authority of a magistrate:(1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807.(2) The authority to order a search warrant pursuant to Section 1524.(3) The authority to issue and sign a bench warrant pursuant to Section 72190.1 of the Government Code.(4) The authority to issue a warrant of commitment pursuant to Sections 881 and 1488.(5) The authority to arraign a defendant and to bind the defendant over for trial or to release the defendant pursuant to Section 72190.1 of the Government Code or Section 858, and to fix the amount of bail pursuant to Section 815a.(6) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2.(7) Perform other duties as provided in Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties.(b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to Section 810.(c) This section is not intended to limit the authority of commissioners established by other provisions of law. | |
| 74 | 79 | ||
| 75 | - | CHAPTER 3.5. Matters Before Commissioners811. (a) | |
| 80 | + | CHAPTER 3.5. Matters Before Commissioners811. (a) The presiding judge of a court may direct a commissioner to perform any of the following duties or exercise any of the following authority of a magistrate:(1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807.(2) The authority to order a search warrant pursuant to Section 1524.(3) The authority to issue and sign a bench warrant pursuant to Section 72190.1 of the Government Code.(4) The authority to issue a warrant of commitment pursuant to Sections 881 and 1488.(5) The authority to arraign a defendant and to bind the defendant over for trial or to release the defendant pursuant to Section 72190.1 of the Government Code or Section 858, and to fix the amount of bail pursuant to Section 815a.(6) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2.(7) Perform other duties as provided in Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties.(b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to Section 810.(c) This section is not intended to limit the authority of commissioners established by other provisions of law. | |
| 76 | 81 | ||
| 77 | 82 | CHAPTER 3.5. Matters Before Commissioners | |
| 78 | 83 | ||
| 79 | 84 | CHAPTER 3.5. Matters Before Commissioners | |
| 80 | 85 | ||
| 81 | - | 811. (a) | |
| 86 | + | 811. (a) The presiding judge of a court may direct a commissioner to perform any of the following duties or exercise any of the following authority of a magistrate:(1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807.(2) The authority to order a search warrant pursuant to Section 1524.(3) The authority to issue and sign a bench warrant pursuant to Section 72190.1 of the Government Code.(4) The authority to issue a warrant of commitment pursuant to Sections 881 and 1488.(5) The authority to arraign a defendant and to bind the defendant over for trial or to release the defendant pursuant to Section 72190.1 of the Government Code or Section 858, and to fix the amount of bail pursuant to Section 815a.(6) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2.(7) Perform other duties as provided in Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties.(b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to Section 810.(c) This section is not intended to limit the authority of commissioners established by other provisions of law. | |
| 82 | 87 | ||
| 83 | 88 | ||
| 84 | 89 | ||
| 85 | - | 811. (a) | |
| 90 | + | 811. (a) The presiding judge of a court may direct a commissioner to perform any of the following duties or exercise any of the following authority of a magistrate: | |
| 86 | 91 | ||
| 87 | - | (1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807. | |
| 92 | + | (1) The authority to issue a warrant for the arrest of a person charged with a public offense pursuant to Section 807. | |
| 88 | 93 | ||
| 89 | 94 | (2) The authority to order a search warrant pursuant to Section 1524. | |
| 90 | 95 | ||
| 91 | 96 | (3) The authority to issue and sign a bench warrant pursuant to Section 72190.1 of the Government Code. | |
| 92 | 97 | ||
| 93 | 98 | (4) The authority to issue a warrant of commitment pursuant to Sections 881 and 1488. | |
| 94 | 99 | ||
| 95 | 100 | (5) The authority to arraign a defendant and to bind the defendant over for trial or to release the defendant pursuant to Section 72190.1 of the Government Code or Section 858, and to fix the amount of bail pursuant to Section 815a. | |
| 96 | 101 | ||
| 102 | + | (6) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2. | |
| 97 | 103 | ||
| 104 | + | (7) Perform other duties as provided in Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties. | |
| 98 | 105 | ||
| 99 | - | (6) | |
| 106 | + | (b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to Section 810. | |
| 107 | + | ||
| 108 | + | (c) This section is not intended to limit the authority of commissioners established by other provisions of law. | |
| 100 | 109 | ||
| 101 | 110 | ||
| 102 | 111 | ||
| 103 | - | (5) The authority to preside over peace bond hearings pursuant to Chapter 3 (commencing with Section 701) of Title 1 of Part 2. | |
| 104 | - | ||
| 105 | - | (7) | |
| 106 | 112 | ||
| 107 | 113 | ||
| 108 | - | ||
| 109 | - | (6) Perform other commissioner duties as provided in authorized pursuant to Section 259 of the Code of Civil Procedure, including, but not limited to, acting as a temporary judge upon stipulation of the parties. Procedure and an arraignment, as described in Section 858, and as authorized pursuant to Section 72190.1 of the Government Code. | |
| 110 | - | ||
| 111 | - | (b) The presiding judge may direct a commissioner performing duties pursuant to this section to be available on call as a magistrate pursuant to as described in Section 810. | |
| 112 | - | ||
| 113 | - | (c) This section is not intended to limit the authority of commissioners established by other provisions of law. | |
| 114 | - | ||
| 115 | - | 811.5. This chapter shall only apply to superior courts located within the County of Riverside or the County of San Bernardino. | |
| 116 | - | ||
| 117 | - | ||
| 118 | - | ||
| 119 | - | 811.5. This chapter shall only apply to superior courts located within the County of Riverside or the County of San Bernardino. | |
| 120 | - | ||
| 121 | - | 811.10. On or before January 1, 2021, the Judicial Council shall issue a report regarding the authorization provided by this chapter and transmit the report to the Governor and the Legislature. The report shall include the number of instances in which each duty described in this chapter is performed and the specific legal experience of the commissioners appointed. The Judicial Council shall transmit the report to the Legislature in compliance with Section 9795 of the Government Code. | |
| 122 | - | ||
| 123 | - | ||
| 124 | - | ||
| 125 | - | 811.10. On or before January 1, 2021, the Judicial Council shall issue a report regarding the authorization provided by this chapter and transmit the report to the Governor and the Legislature. The report shall include the number of instances in which each duty described in this chapter is performed and the specific legal experience of the commissioners appointed. The Judicial Council shall transmit the report to the Legislature in compliance with Section 9795 of the Government Code. | |
| 126 | - | ||
| 127 | - | 811.15. This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed. | |
| 128 | - | ||
| 129 | - | ||
| 130 | - | ||
| 131 | - | 811.15. This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed. | |
| 132 | - | ||
| 133 | - | SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of judicial need in the County of Riverside and the County of San Bernardino, it is necessary to issue special and limited authority to the courts in these counties. | |
| 134 | - | ||
| 135 | - | SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of judicial need in the County of Riverside and the County of San Bernardino, it is necessary to issue special and limited authority to the courts in these counties. | |
| 136 | - | ||
| 137 | - | SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of judicial need in the County of Riverside and the County of San Bernardino, it is necessary to issue special and limited authority to the courts in these counties. | |
| 138 | - | ||
| 139 | - | ### SEC. 3. | |
| 114 | + | The Legislature hereby finds that spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State of California. The Legislature further finds that the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders. In enacting this chapter, it is the intent of the Legislature to support increased efforts by district attorneys and city attorneys offices to prosecute spousal abusers through organizational and operational techniques that have already proven their effectiveness in selected cities and counties in this and other states. |