Criminal procedure: information.

Plain English Breakdown

The bill's effective date is not specified in the provided official source material.

Respect Judicial Decisions Act

This act changes how district attorneys can file criminal charges after a preliminary hearing, limiting them to offenses named in the order of commitment and requiring motions to reinstate dismissed charges.

What This Bill Does

• Limits the offenses that can be charged in an information to those named in the order of commitment from a preliminary hearing.
• Requires district attorneys to make a motion to reinstate any dismissed offense before they can charge it again.
• Allows district attorneys to file amended informations if their motions to reinstate are granted by the court.

Who It Names or Affects

• District attorneys who will have more specific rules about filing charges after a preliminary hearing.
• Judges and magistrates whose decisions in preliminary hearings become binding unless overturned by the district attorney's motion.

Terms To Know

order of commitment

A court order that specifies which offenses a defendant is charged with after a preliminary hearing.

information

The formal document filed by the district attorney charging someone with a crime.

Limits and Unknowns

• It's unclear when this act will become effective.
• This bill would impose new duties on prosecutors, which may require state funding for local agencies if determined to be mandated by the state.

Official Summary Text

AB 1917, as amended, Schultz.
Criminal procedure: information.
Existing law provides a district attorney with the discretion to file criminal charges against an individual. Existing law requires a preliminary examination to be conducted, as specified, before an information is filed. Upon completion of a preliminary hearing, existing law requires the district attorney to file an information against the defendant charging the defendant with either the offense or offenses named in the order of commitment or any offense or offenses shown by the evidence taken before the magistrate to have been committed. Under existing law, when an action is dismissed by a magistrate, as specified, the prosecutor may make a motion in the superior court within 15 days to compel the magistrate to reinstate the complaint or a portion of the complaint and to reinstate the custodial status of the defendant under the same terms and conditions as when the defendant last
appeared before the magistrate.
This bill, the Respect Judicial Decisions Act, would instead only allow the information to charge the defendant with the offense or offenses named in the order of commitment. The bill would require the district attorney to make a motion to reinstate an offense or offenses dismissed at the preliminary hearing before the district attorney can file an information charging the dismissed offense or offenses. The bill would authorize the district attorney to file an amended information that includes the reinstated offenses if that motion is granted. The bill would also authorize the district attorney to make that motion to reinstate the complaint or a portion of the complaint when an individual count or counts alleging an offense were dismissed. By placing new duties on prosecutors, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF