California 2009-2010 Regular Session Status: Enacted

AB 250 — Criminal procedure: trials: timing.

Last action — Chaptered by Secretary of State - Chapter 424, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires that a defendant be brought to trial within 60 days of arraignment on an indictment or information in a felony case, or within 30 or 45 days of arraignment or entry of plea in a misdemeanor case, as specified. Under existing law, the case must be dismissed if the defendant did not waive that time limit or consent to an extension of time, as specified, and the case is not brought to trial within the time limit. Under existing law, if the defendant does waive time, he or she may withdraw his or her waiver of time and then the case is required to be brought to trial within 60 days for a felony, or 30 or 45 days for a misdemeanor, of the withdrawal of the waiver. Existing law provides that when there is no general time waiver, and a case has been set for trial beyond the time limits specified above by request or consent, express or implied, the defendant must be brought to trial on the date set or within 10 days thereafter. This bill would require the withdrawal of a time waiver to be done in open court, as specified. The bill would specify that in the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set the trial date, as specified, and shall notify all parties of that date.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 424, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5:15 p.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 38. Noes 0. Page 1914.)

  6. Read second time. To third reading.

  7. From committee: Do pass. (Ayes 6. Noes 0.) (June 16).

  8. Referred to Com. on PUB. S.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 1550.)

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 7. Noes 0.) (May 12).

  13. Re-referred to Com. on PUB. S.

  14. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  15. Referred to Com. on PUB. S.

  16. From printer. May be heard in committee March 13.

  17. Read first time. To print.

Sponsors

  • Miller · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Miller

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB250 Miller By Benoit

Passed 38 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democratic 2000
Republican 1000
Total 38003
% of votes cast 93%0%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Not Voting
Corbett — Yea
Ducheny — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Runner — Yea
Liu — Yea
Negrete — Not Voting
Dutton — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
McLeod — Not Voting
Romero — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Aanestad — Yea
Leno — Yea
Maldonado — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Cedillo — Yea
Hancock — Yea
Leno — Yea
Benoit — Yea
Huff — Yea
Steinberg — Yea
Wright — Not Voting

Official roll call →

AB 250 MILLER Assembly Third Reading

Passed 85 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78006
Democratic 4001
Republican 3000
Total 85007
% of votes cast 92%0%0%8%
How each member voted (92)
Member Party Vote
Hagman — Yea
Tom — Yea
Bill — Yea
Berryhill — Yea
Anderson — Yea
Beall — Yea
Berryhill — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Jeffries — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Charles — Not Voting
Yamada — Yea
Saldana — Not Voting
Eng — Not Voting
Bass — Yea
Price — Not Voting
Adams — Yea
Ammiano — Not Voting
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Fuller — Not Voting
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Furutani — Yea
Hagman — Yea
Skinner — Yea
Anderson — Yea
Hill — Yea
Ma — Yea
Solorio — Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 250 do?
Existing law requires that a defendant be brought to trial within 60 days of arraignment on an indictment or information in a felony case, or within 30 or 45 days of arraignment or entry of plea in a misdemeanor case, as specified. Under existing law, the case must be dismissed if the defendant did not waive that time limit or consent to an extension of time, as specified, and the case is not brought to trial within the time limit. Under existing law, if the defendant does waive time, he or she may withdraw his or her waiver of time and then the case is required to be brought to trial within 60 days for a felony, or 30 or 45 days for a misdemeanor, of the withdrawal of the waiver. Existing law provides that when there is no general time waiver, and a case has been set for trial beyond the time limits specified above by request or consent, express or implied, the defendant must be brought to trial on the date set or within 10 days thereafter. This bill would require the withdrawal of a time waiver to be done in open court, as specified. The bill would specify that in the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set the trial date, as specified, and shall notify all parties of that date.
Who sponsors AB 250?
AB 250 is sponsored by Miller.
What is the current status of AB 250?
This bill has been enacted into law. Introduced February 10, 2009. Enacted.
Where can I track AB 250?
Track AB 250 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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