California 2015-2016 Regular Session Status: Enacted

AB 2013 — Criminal procedure: arraignment pilot program.

Last action — Chaptered by Secretary of State - Chapter 689, Statutes of 2016.

  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 16, 2016. 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 8 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 the magistrate, on motion of counsel for the defendant or the defendant, when the defendant is in custody at the time he or she appears before the magistrate for arraignment and the public offense is a misdemeanor to which the defendant has pleaded not guilty, to determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty of that offense. Existing law requires the determination of probable cause to be made immediately, unless the court grants a continuance not to exceed 3 court days, for good cause. This bill would establish a 3-year pilot project in 3 counties, as specified, that would require a court to apply those same procedures to the arraignment of a defendant who is not in custody for a public offense that is a misdemeanor to which the defendant has pleaded not guilty, except that this bill would allow the court to grant a continuance not to exceed 15 days to determine probable cause. The bill would require the Department of Justice to provide information to the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the appropriate policy committees of the Legislature regarding the implementation of the above provisions no later than July 1, 2020.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 689, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 64. Noes 14. Page 6453.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 15. Page 5340.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  9. In committee: Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (June 28). Re-referred to Com. on APPR.

  11. Referred to Com. on PUB. S.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 14. Page 5134.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 16. Noes 1.) (May 27).

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

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 12). Re-referred to Com. on APPR.

  18. In committee: Hearing postponed by committee.

  19. Referred to Com. on PUB. S.

  20. From printer. May be heard in committee March 18.

  21. Read first time. To print.

Sponsors

  • Jones-Sawyer · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Jones-Sawyer

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

AB 2013 JONES-SAWYER Concurrence in Senate Amendments

Passed 64 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 561301
Democratic 5000
Republican 3101
Total 641402
% of votes cast 80%18%0%3%
How each member voted (80)
Member Party Vote
Baker — Nay
Brough — Nay
Low — Yea
Maienschein — Nay
Mathis — Yea
Steinorth — Nay
Eggman — Yea
Chávez — Nay
Cooper — Not Voting
Dababneh — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Gordon — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Lopez — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Chang — Yea
Chiu — Yea
Cooley — Yea
Daly — Yea
Dodd — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brown — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Chau — Yea
Chu — Yea
Atkins — Yea
Hadley — Yea
Levine — Yea
Linder — Yea
Rodriguez — Yea
Santiago — Yea
Williams — Yea
Harper — Nay
Kim — Nay
Mayes — Nay
Bigelow — Nay
Quirk — Yea
Ting — Yea
Wagner — Nay
Wood — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2013 Jones-Sawyer By Leno

Passed 22 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211401
Democratic 1101
Total 221502
% of votes cast 56%38%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Leyva — Yea
Morrell — Nay
Pan — Yea
Wieckowski — Yea
Fuller — Nay
Galgiani — Not Voting
Glazer — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Cannella — Nay
Hancock — Yea
Bates — Nay
Beall — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pavley — Yea
Roth — Nay
Vidak — Nay
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Hill — Yea
Beall — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Mendoza — Yea
Lara — Yea
Beall — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2013 JONES-SAWYER Assembly Third Reading

Passed 63 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 551302
Democratic 5000
Republican 3101
Total 631403
% of votes cast 79%18%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Kim — Nay
Levine — Yea
Mathis — Nay
O'Donnell — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Cooper — Not Voting
Daly — Yea
Frazier — Yea
Gatto — Yea
Campos — Yea
Salas — Yea
Alejo — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Low — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Mullin — Yea
Gray — Yea
Dababneh — Yea
Dodd — Yea
Lopez — Yea
Gomez — Yea
Atkins — Yea
Gordon — Yea
Harper — Nay
Burke — Yea
Baker — Nay
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Linder — Yea
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 14101
Democratic 2000
Republican 0002
Total 16103
% of votes cast 80%5%0%15%
How each member voted (20)
Member Party Vote
Bloom — Yea
Santiago — Yea
Wood — Yea
Eggman — Yea
Chang — Yea
Daly — Yea
Bonilla — Yea
Holden — Yea
Bigelow — Nay
Obernolte — Yea
Quirk — Yea
Wagner — Not Voting
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

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 2013 do?
Existing law requires the magistrate, on motion of counsel for the defendant or the defendant, when the defendant is in custody at the time he or she appears before the magistrate for arraignment and the public offense is a misdemeanor to which the defendant has pleaded not guilty, to determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty of that offense. Existing law requires the determination of probable cause to be made immediately, unless the court grants a continuance not to exceed 3 court days, for good cause. This bill would establish a 3-year pilot project in 3 counties, as specified, that would require a court to apply those same procedures to the arraignment of a defendant who is not in custody for a public offense that is a misdemeanor to which the defendant has pleaded not guilty, except that this bill would allow the court to grant a continuance not to exceed 15 days to determine probable cause. The bill would require the Department of Justice to provide information to the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the appropriate policy committees of the Legislature regarding the implementation of the above provisions no later than July 1, 2020.
Who sponsors AB 2013?
AB 2013 is sponsored by Jones-Sawyer.
What is the current status of AB 2013?
This bill has been enacted into law. Introduced February 16, 2016. Enacted.
Where can I track AB 2013?
Track AB 2013 free on One Click Politics — get push/email alerts when it moves.

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