Bill Text: CA AB1927 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Criminal procedure: notice to appear.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-06-07 - Chaptered by Secretary of State - Chapter 19, Statutes of 2016. [AB1927 Detail]

Download: California-2015-AB1927-Chaptered.html

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BILL NUMBER: AB 1927	CHAPTERED
	BILL TEXT

	CHAPTER  19
	FILED WITH SECRETARY OF STATE  JUNE 7, 2016
	APPROVED BY GOVERNOR  JUNE 7, 2016
	PASSED THE SENATE  MAY 19, 2016
	PASSED THE ASSEMBLY  MAY 23, 2016
	AMENDED IN SENATE  MAY 17, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 12, 2016

   An act to amend Section 853.9 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1927, Lackey. Criminal procedure: notice to appear.
   Existing law, under specified circumstances, requires an officer
or his or her superior to prepare in duplicate a written notice for
an arrested person to appear in court. Existing law requires that
when an officer or the prosecuting attorney has filed the notice to
appear with the court, an exact and legible duplicate copy of the
notice, in lieu of a verified complaint, constitutes a complaint to
which the defendant may plead "guilty" or "nolo contendere."
   This bill would provide that, if the notice to appear issued to
and signed by the arrested person is being transmitted in electronic
form, the copy of the notice to appear issued to the arrested person
need not include the signature of the arrested person, unless
specifically requested by the arrested person.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 853.9 of the Penal Code is amended to read:
   853.9.  (a) (1) If written notice to appear has been prepared,
delivered, and filed by an officer or the prosecuting attorney with
the court pursuant to Section 853.6, an exact and legible duplicate
copy of the notice when filed with the magistrate, in lieu of a
verified complaint, shall constitute a complaint to which the
defendant may plead "guilty" or "nolo contendere."
   (2) If the defendant violates his or her promise to appear in
court, or does not deposit lawful bail, or pleads other than "guilty"
or "nolo contendere" to the offense charged, a complaint shall be
filed which shall conform to the provisions of this code and which
shall be deemed to be an original complaint; and thereafter
proceedings shall be had as provided by law, except that a defendant
may, by an agreement in writing, subscribed by him or her and filed
with the court, waive the filing of a verified complaint and elect
that the prosecution may proceed upon a written notice to appear.
   (b) Notwithstanding subdivision (a), if the written notice to
appear has been prepared on a form approved by the Judicial Council,
an exact and legible duplicate copy of the notice when filed with the
magistrate shall constitute a complaint to which the defendant may
enter a plea and, if the notice to appear is verified, upon which a
warrant may be issued. If the notice to appear is not verified, the
defendant may, at the time of arraignment, request that a verified
complaint be filed.
   (c) If the notice to appear issued to and signed by the arrested
person is being transmitted in electronic form, the copy of the
notice to appear issued to the arrested person need not include the
signature of the arrested person, unless specifically requested by
the arrested person.