Bill Text: CA SB471 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Subpoenas: service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-12 - Chaptered by Secretary of State. Chapter 851, Statutes of 2019. [SB471 Detail]

Download: California-2019-SB471-Amended.html

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Amended  IN  Assembly  July 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 471

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Introduced by Senator Stern

February 21, 2019

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An act to amend Sections 1327 and 1328d of of, and to repeal Sections 1328a, 1328b, and 1328c of, the Penal Code, relating to subpoenas.

LEGISLATIVE COUNSEL'S DIGEST

SB 471, as amended, Stern. Subpoenas: form and service.

Existing law provides that the process by which the attendance of a witness before a court or magistrate is required in a criminal action is a subpoena, which may be signed and issued by any of specified persons, including courts, district attorneys, and public defenders. A subpoena is required to be substantially in a prescribed form.

This bill would require a subpoena to contain a unique numeric or alphanumeric identification code, known as a “subpoena number.” By imposing additional duties on local government agencies, the bill would impose a state-mandated local program.

Existing law authorizes service of a subpoena to be made by delivery of the subpoena to the witness personally, or by mail or messenger. Existing law requires service to be effected when the witness acknowledges receipt of the subpoena to the sender and identifies himself or herself, themselves as specified. Existing law requires the sender to make a written notation of the identifying information obtained. Existing law makes a failure to comply with a subpoena issued and acknowledged pursuant to these provisions punishable as a contempt, but prohibits a warrant of arrest or a body attachment from being issued based on a failure to appear after being subpoenaed by mail or messenger. contempt.

This bill would additionally authorize delivery of a subpoena by electronic mail or facsimile transmission. The bill would require, for service to be effected, that the witness identify the subpoena by reference to its unique subpoena number, and would require the sender to make a written notation of the fact that the witness made that identification. The bill would remove the above-described prohibition on a warrant of arrest or a body attachment for failure to comply with a subpoena by mail or messenger.

By applying the punishment of contempt to the failure to comply with a subpoena issued by electronic mail or facsimile transmission, thereby expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law governs the procedures that apply to the issuance of a telegraphic copy of a subpoena for a witness in a criminal proceeding by telegraph or teletype.

This bill would repeal those provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1327 of the Penal Code is amended to read:

1327.

 (a) (1) A subpoena authorized by Section 1326 shall be substantially in the following form:

The people of the State of California to A. B.:

You are commanded to appear before C. D., a judge of the ____ Court of ____ County, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the State of California against E. F.

Given under my hand this ____ day of ____, A.D. 19____. 20____. G. H., Judge of the ____ Court (or “J. K., District Attorney,” or “J. K., District Attorney Investigator,” or “D. E., Public Defender,” or “D. E., Public Defender Investigator,” or “F. G., Defense Counsel,” or “By order of the court, L. M., Clerk,” or as the case may be).

(2) If books, papers, or documents are required, a direction to the following effect shall be contained in the subpoena: “And you are required, also, to bring with you the following” (describing intelligibly the books, papers, or documents required).

(b) Each subpoena issued pursuant to Section 1326 shall contain a unique numeric or alphanumeric identification code, known as a “subpoena number.”

SEC. 2.

 Section 1328a of the Penal Code is repealed.

1328a.

A telegraphic copy of a subpoena for a witness in a criminal proceeding may be sent by telegraph or teletype to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it, as though he held the original subpoena issued.

SEC. 3.

 Section 1328b of the Penal Code is repealed.

1328b.

Every officer causing telegraphic copies of subpoenas to be sent, must certify as correct, and file in the telegraph office from which such copies are sent, a copy of the subpoena, and must return the original with a statement of his action thereunder.

SEC. 4.

 Section 1328c of the Penal Code is repealed.

1328c.

A peace officer must serve in his county or city any subpoena delivered to him by telegraph or teletype for service and must without delay make a return of the service by telegraph or teletype. Any officer making a return of service of a subpoena by telegraph or teletype must certify as to his actions in making the service and file in the telegraph office from which the return is sent a written statement with his signature in the same form as the return on an original subpoena. The service of a teletype subpoena is made by showing the original teletype to the witness personally and informing him of its contents and delivering to him a copy of the teletype.

SEC. 2.SEC. 5.

 Section 1328d of the Penal Code is amended to read:

1328d.

 (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the sender’s online form, or in person, and identifies himself or herself themselves by reference to his or her their date of birth and his or her driver’s license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state. state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.

(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for his or her their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.

SEC. 3.SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.