Plain English Breakdown
Checked against official source text during the last sync.
Respect Judicial Decisions Act
This law changes how prosecutors file criminal charges by requiring them to ask a court first before charging offenses that were dismissed during a preliminary hearing.
What This Bill Does
- Limits the crimes listed in an information filed against a defendant to only those named in the order of commitment or shown by evidence but not discharged by the magistrate.
- Requires district attorneys to file a motion with the superior court to reinstate any offense dismissed during the preliminary hearing before charging it again.
- Allows prosecutors to submit an amended information including reinstated offenses if the court grants their motion.
- Authorizes prosecutors to request the reinstatement of specific counts or parts of a complaint when individual charges are dropped by a magistrate.
Who It Names or Affects
- District attorneys and other prosecutors who file criminal charges.
- Defendants facing criminal proceedings after a preliminary examination.
- Magistrates and superior court judges who review motions to reinstate dismissed offenses.
- Local agencies that may receive state reimbursement for costs created by new duties on prosecutors.
Terms To Know
- Information
- A formal document filed by a prosecutor charging someone with specific crimes after a preliminary hearing.
- Preliminary examination
- A court hearing where evidence is reviewed to decide if there are enough facts for a trial to proceed.
- Order of commitment
- The official decision from the preliminary exam that lists which charges move forward to the next stage.
Limits and Unknowns
- Reimbursement for local costs depends on a future determination by the Commission on State Mandates.
- The bill text does not specify an effective date for when these new rules begin.