CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1636Introduced by Assembly Member BontaFebruary 22, 2019 An act to add Section 991.2 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1636, as introduced, Bonta. Criminal procedure: determination of probable cause.Under existing law, a person who is arrested and charged by complaint with a felony offense shall, within 10-days, or later if they waive the 10 day requirement, have a preliminary examination to determine if there is probable cause to hold them to answer. After a finding by the court of probable cause, the defendant may file a motion to set aside the finding of probable cause.Under existing law, a person arrested and charged with a misdemeanor who is in custody at the time of arraignment may request a determination of probable cause on each charge, which shall be made immediately by the court on the basis of any warrant of arrest, the complaint, or any documents of similar reliability, unless good cause exists to delay the determination for not more than 3 days.This bill would authorize a person charged by complaint with a felony to, at the time of arraignment, make a motion for a determination of probable cause on each count charged, which shall be made by the court immediately on the basis of the complaint, warrant, police reports, or other documents of similar reliability, or may be continued for not more than 3 days for good cause. The bill would require the court to dismiss any count charged for which the court does not make a finding of probable cause.This bill would allow any charge dismissed pursuant to such a motion to be refiled. The bill would also clarify that a finding of probable cause pursuant to such a motion is not binding on the court in any later hearing for the purpose of determining probable cause.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 991.2 is added to the Penal Code, to read:991.2. (a) At the time the defendant appears before the magistrate for arraignment on a complaint, for each public offense charged in the complaint that is a felony to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant, or the defendant shall determine whether there is probable cause to believe the offense has been committed and whether there is probable cause to believe the defendant has committed the offense.(b) The determination of probable cause shall be made at the time of arraignment unless the court grants a continuance for good cause not to exceed three days.(c) In determining the existence of probable cause, the magistrate shall consider the complaint, any warrant of arrest, police reports, affidavits, and any other related documents the magistrate deems to be reliable. The magistrate shall also consider any evidence proffered by the defendant that supports a finding of no probable cause.(d) After making a determination, the court shall dismiss without prejudice any charge that is not supported by probable cause.(e) Any finding of probable cause pursuant to this section shall not be binding on the court in the preliminary examination or any future hearing to determine the existence of probable cause.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1636Introduced by Assembly Member BontaFebruary 22, 2019 An act to add Section 991.2 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1636, as introduced, Bonta. Criminal procedure: determination of probable cause.Under existing law, a person who is arrested and charged by complaint with a felony offense shall, within 10-days, or later if they waive the 10 day requirement, have a preliminary examination to determine if there is probable cause to hold them to answer. After a finding by the court of probable cause, the defendant may file a motion to set aside the finding of probable cause.Under existing law, a person arrested and charged with a misdemeanor who is in custody at the time of arraignment may request a determination of probable cause on each charge, which shall be made immediately by the court on the basis of any warrant of arrest, the complaint, or any documents of similar reliability, unless good cause exists to delay the determination for not more than 3 days.This bill would authorize a person charged by complaint with a felony to, at the time of arraignment, make a motion for a determination of probable cause on each count charged, which shall be made by the court immediately on the basis of the complaint, warrant, police reports, or other documents of similar reliability, or may be continued for not more than 3 days for good cause. The bill would require the court to dismiss any count charged for which the court does not make a finding of probable cause.This bill would allow any charge dismissed pursuant to such a motion to be refiled. The bill would also clarify that a finding of probable cause pursuant to such a motion is not binding on the court in any later hearing for the purpose of determining probable cause.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1636
Introduced by Assembly Member BontaFebruary 22, 2019
Introduced by Assembly Member Bonta
February 22, 2019
An act to add Section 991.2 to the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1636, as introduced, Bonta. Criminal procedure: determination of probable cause.
Under existing law, a person who is arrested and charged by complaint with a felony offense shall, within 10-days, or later if they waive the 10 day requirement, have a preliminary examination to determine if there is probable cause to hold them to answer. After a finding by the court of probable cause, the defendant may file a motion to set aside the finding of probable cause.Under existing law, a person arrested and charged with a misdemeanor who is in custody at the time of arraignment may request a determination of probable cause on each charge, which shall be made immediately by the court on the basis of any warrant of arrest, the complaint, or any documents of similar reliability, unless good cause exists to delay the determination for not more than 3 days.This bill would authorize a person charged by complaint with a felony to, at the time of arraignment, make a motion for a determination of probable cause on each count charged, which shall be made by the court immediately on the basis of the complaint, warrant, police reports, or other documents of similar reliability, or may be continued for not more than 3 days for good cause. The bill would require the court to dismiss any count charged for which the court does not make a finding of probable cause.This bill would allow any charge dismissed pursuant to such a motion to be refiled. The bill would also clarify that a finding of probable cause pursuant to such a motion is not binding on the court in any later hearing for the purpose of determining probable cause.
Under existing law, a person who is arrested and charged by complaint with a felony offense shall, within 10-days, or later if they waive the 10 day requirement, have a preliminary examination to determine if there is probable cause to hold them to answer. After a finding by the court of probable cause, the defendant may file a motion to set aside the finding of probable cause.
Under existing law, a person arrested and charged with a misdemeanor who is in custody at the time of arraignment may request a determination of probable cause on each charge, which shall be made immediately by the court on the basis of any warrant of arrest, the complaint, or any documents of similar reliability, unless good cause exists to delay the determination for not more than 3 days.
This bill would authorize a person charged by complaint with a felony to, at the time of arraignment, make a motion for a determination of probable cause on each count charged, which shall be made by the court immediately on the basis of the complaint, warrant, police reports, or other documents of similar reliability, or may be continued for not more than 3 days for good cause. The bill would require the court to dismiss any count charged for which the court does not make a finding of probable cause.
This bill would allow any charge dismissed pursuant to such a motion to be refiled. The bill would also clarify that a finding of probable cause pursuant to such a motion is not binding on the court in any later hearing for the purpose of determining probable cause.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 991.2 is added to the Penal Code, to read:991.2. (a) At the time the defendant appears before the magistrate for arraignment on a complaint, for each public offense charged in the complaint that is a felony to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant, or the defendant shall determine whether there is probable cause to believe the offense has been committed and whether there is probable cause to believe the defendant has committed the offense.(b) The determination of probable cause shall be made at the time of arraignment unless the court grants a continuance for good cause not to exceed three days.(c) In determining the existence of probable cause, the magistrate shall consider the complaint, any warrant of arrest, police reports, affidavits, and any other related documents the magistrate deems to be reliable. The magistrate shall also consider any evidence proffered by the defendant that supports a finding of no probable cause.(d) After making a determination, the court shall dismiss without prejudice any charge that is not supported by probable cause.(e) Any finding of probable cause pursuant to this section shall not be binding on the court in the preliminary examination or any future hearing to determine the existence of probable cause.
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 991.2 is added to the Penal Code, to read:991.2. (a) At the time the defendant appears before the magistrate for arraignment on a complaint, for each public offense charged in the complaint that is a felony to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant, or the defendant shall determine whether there is probable cause to believe the offense has been committed and whether there is probable cause to believe the defendant has committed the offense.(b) The determination of probable cause shall be made at the time of arraignment unless the court grants a continuance for good cause not to exceed three days.(c) In determining the existence of probable cause, the magistrate shall consider the complaint, any warrant of arrest, police reports, affidavits, and any other related documents the magistrate deems to be reliable. The magistrate shall also consider any evidence proffered by the defendant that supports a finding of no probable cause.(d) After making a determination, the court shall dismiss without prejudice any charge that is not supported by probable cause.(e) Any finding of probable cause pursuant to this section shall not be binding on the court in the preliminary examination or any future hearing to determine the existence of probable cause.
SECTION 1. Section 991.2 is added to the Penal Code, to read:
### SECTION 1.
991.2. (a) At the time the defendant appears before the magistrate for arraignment on a complaint, for each public offense charged in the complaint that is a felony to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant, or the defendant shall determine whether there is probable cause to believe the offense has been committed and whether there is probable cause to believe the defendant has committed the offense.(b) The determination of probable cause shall be made at the time of arraignment unless the court grants a continuance for good cause not to exceed three days.(c) In determining the existence of probable cause, the magistrate shall consider the complaint, any warrant of arrest, police reports, affidavits, and any other related documents the magistrate deems to be reliable. The magistrate shall also consider any evidence proffered by the defendant that supports a finding of no probable cause.(d) After making a determination, the court shall dismiss without prejudice any charge that is not supported by probable cause.(e) Any finding of probable cause pursuant to this section shall not be binding on the court in the preliminary examination or any future hearing to determine the existence of probable cause.
991.2. (a) At the time the defendant appears before the magistrate for arraignment on a complaint, for each public offense charged in the complaint that is a felony to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant, or the defendant shall determine whether there is probable cause to believe the offense has been committed and whether there is probable cause to believe the defendant has committed the offense.(b) The determination of probable cause shall be made at the time of arraignment unless the court grants a continuance for good cause not to exceed three days.(c) In determining the existence of probable cause, the magistrate shall consider the complaint, any warrant of arrest, police reports, affidavits, and any other related documents the magistrate deems to be reliable. The magistrate shall also consider any evidence proffered by the defendant that supports a finding of no probable cause.(d) After making a determination, the court shall dismiss without prejudice any charge that is not supported by probable cause.(e) Any finding of probable cause pursuant to this section shall not be binding on the court in the preliminary examination or any future hearing to determine the existence of probable cause.
991.2. (a) At the time the defendant appears before the magistrate for arraignment on a complaint, for each public offense charged in the complaint that is a felony to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant, or the defendant shall determine whether there is probable cause to believe the offense has been committed and whether there is probable cause to believe the defendant has committed the offense.(b) The determination of probable cause shall be made at the time of arraignment unless the court grants a continuance for good cause not to exceed three days.(c) In determining the existence of probable cause, the magistrate shall consider the complaint, any warrant of arrest, police reports, affidavits, and any other related documents the magistrate deems to be reliable. The magistrate shall also consider any evidence proffered by the defendant that supports a finding of no probable cause.(d) After making a determination, the court shall dismiss without prejudice any charge that is not supported by probable cause.(e) Any finding of probable cause pursuant to this section shall not be binding on the court in the preliminary examination or any future hearing to determine the existence of probable cause.
991.2. (a) At the time the defendant appears before the magistrate for arraignment on a complaint, for each public offense charged in the complaint that is a felony to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant, or the defendant shall determine whether there is probable cause to believe the offense has been committed and whether there is probable cause to believe the defendant has committed the offense.
(b) The determination of probable cause shall be made at the time of arraignment unless the court grants a continuance for good cause not to exceed three days.
(c) In determining the existence of probable cause, the magistrate shall consider the complaint, any warrant of arrest, police reports, affidavits, and any other related documents the magistrate deems to be reliable. The magistrate shall also consider any evidence proffered by the defendant that supports a finding of no probable cause.
(d) After making a determination, the court shall dismiss without prejudice any charge that is not supported by probable cause.
(e) Any finding of probable cause pursuant to this section shall not be binding on the court in the preliminary examination or any future hearing to determine the existence of probable cause.