California 2019-2020 Regular Session Status: In Committee 1 D cosponsors

AB 1636 — Criminal procedure: determination of probable cause.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, a person who is arrested and charged by complaint with a felony offense shall, within 10-days, or later if they waive the 10 day requirement, have a preliminary examination to determine if there is probable cause to hold them to answer. After a finding by the court of probable cause, the defendant may file a motion to set aside the finding of probable cause. Under existing law, a person arrested and charged with a misdemeanor who is in custody at the time of arraignment may request a determination of probable cause on each charge, which shall be made immediately by the court on the basis of any warrant of arrest, the complaint, or any documents of similar reliability, unless good cause exists to delay the determination for not more than 3 days. This bill would authorize a person charged by complaint with a felony to, at the time of arraignment, make a motion for a determination of probable cause on each count charged, which shall be made by the court immediately on the basis of the complaint, warrant, police reports, or other documents of similar reliability, or may be continued for not more than 3 days for good cause. The bill would require the court to dismiss any count charged for which the court does not make a finding of probable cause. This bill would allow a charge dismissed pursuant to such a motion to be refiled under certain specified circumstances. The bill would also clarify that a finding that probable cause exists pursuant to such a motion is not binding on the court in any later hearing for the purpose of determining probable cause.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Held under submission.

  4. In committee: Set, first hearing. Referred to APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 9). Re-referred to Com. on APPR.

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

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

  8. Referred to Com. on PUB. S.

  9. Read first time.

  10. From printer. May be heard in committee March 25.

  11. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1636 do?
Under existing law, a person who is arrested and charged by complaint with a felony offense shall, within 10-days, or later if they waive the 10 day requirement, have a preliminary examination to determine if there is probable cause to hold them to answer. After a finding by the court of probable cause, the defendant may file a motion to set aside the finding of probable cause. Under existing law, a person arrested and charged with a misdemeanor who is in custody at the time of arraignment may request a determination of probable cause on each charge, which shall be made immediately by the court on the basis of any warrant of arrest, the complaint, or any documents of similar reliability, unless good cause exists to delay the determination for not more than 3 days. This bill would authorize a person charged by complaint with a felony to, at the time of arraignment, make a motion for a determination of probable cause on each count charged, which shall be made by the court immediately on the basis of the complaint, warrant, police reports, or other documents of similar reliability, or may be continued for not more than 3 days for good cause. The bill would require the court to dismiss any count charged for which the court does not make a finding of probable cause. This bill would allow a charge dismissed pursuant to such a motion to be refiled under certain specified circumstances. The bill would also clarify that a finding that probable cause exists pursuant to such a motion is not binding on the court in any later hearing for the purpose of determining probable cause.
Who sponsors AB 1636?
AB 1636 is sponsored by Bonta, Mia (Democratic).
What is the current status of AB 1636?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1636?
Track AB 1636 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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