AB 1917

AB1917:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1917

An act to amend Sections 739, 871.5, and 1009 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

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. commitment or shown by the evidence presented at the preliminary examination but not discharged by the magistrate. 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.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as the Respect Judicial Decisions Act.

SEC. 2.

Section 739 of the Penal Code is amended to read:

739.

(a) When a defendant has been examined and committed, as provided in Section 872, the district attorney of the county in which the offense is triable shall file in the superior court of that county within 15 days after the commitment order an information against the defendant that may charge the defendant with the offense or offenses named in the order of commitment. commitment or shown by the evidence presented at the preliminary examination but not discharged by the magistrate. The information shall be in the name of the people of the State of California and subscribed by the district attorney.

(b) Before the district attorney files an information charging an offense or offenses not named in the order of commitment, discharged by the magistrate at the preliminary examination, the district attorney shall file a motion to reinstate the offense or offenses in the information pursuant to Section 871.5. If the motion is granted as to any charge dismissed at the preliminary hearing, the district attorney may file an amended information that includes the reinstated offenses.

SEC. 3.

Section 871.5 of the Penal Code is amended to read:

871.5.

(a) When an action, or an individual count or counts alleging an offense, is dismissed by a magistrate pursuant to Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of this code or Section 41403 of the Vehicle Code, or a portion thereof is dismissed pursuant to those same sections that may not be charged by information under Section 739, the prosecutor may make a motion in the superior court within 15 days to compel the magistrate to reinstate the complaint or a portion thereof and to reinstate the custodial status of the defendant under the same terms and conditions as when the defendant last appeared before the magistrate.

(b) Notice of the motion shall be made to the defendant and the magistrate. The only ground for the motion shall be that, as a matter of law, the magistrate erroneously dismissed the action or a portion thereof.

(c) The superior court shall hear and determine the motion on the basis of the record of the proceedings before the magistrate. If the motion is litigated to decision by the prosecutor, the prosecution is prohibited from refiling the dismissed action, or portion thereof. thereof, except as provided in Section 1387.1 when an individual count or counts alleging such an offense are dismissed by a magistrate.

(d) Within 10 days after the magistrate has dismissed the action or a portion thereof, the prosecuting attorney may file a written request for a transcript of the proceedings with the clerk of the magistrate. The reporter shall immediately transcribe their shorthand notes pursuant to Section 869 and file with the clerk of the superior court an original plus one copy, and as many copies as there are defendants (other than a fictitious defendant). The reporter shall be entitled to compensation in accordance with Section 869. The clerk of the superior court shall deliver a copy of the transcript to the prosecuting attorney immediately upon its receipt and shall deliver a copy of the transcript to each defendant (other than a fictitious defendant) upon their demand without cost.

(e) When a court has ordered the resumption of proceedings before the magistrate, the magistrate shall resume the proceedings and when so ordered, issue an order of commitment for the reinstated offense or offenses within 10 days after the superior court has entered an order to that effect or within 10 days after the remittitur is filed in the superior court. Upon receipt of the remittitur, the superior court shall forward a copy to the magistrate.

(f) Pursuant to paragraph (9) of subdivision (a) of Section 1238 the people may take an appeal from the denial of the motion by the superior court to reinstate the complaint or a portion thereof. If the motion to reinstate the complaint is granted, the defendant may seek review thereof only pursuant to Sections 995 and 999a. That review may only be sought in the event the defendant is held to answer pursuant to Section 872.

(g) Nothing contained herein shall preclude a magistrate, upon the resumption of proceedings, from considering a motion made pursuant to Section 1318.

If the superior court grants the motion for reinstatement and orders the magistrate to issue an order of commitment, the defendant, in lieu of resumed proceedings before the magistrate, may elect to waive their right to be committed by a magistrate, and consent to the filing of an amended or initial information containing the reinstated charge or charges. After arraignment thereon, they may adopt as a motion pursuant to Section 995, the record and proceedings of the motion taken pursuant to this section and the order issued pursuant thereto, and may seek review of the order in the manner prescribed in Section 999a.

SEC. 4.

Section 1009 of the Penal Code is amended to read:

1009.

An indictment, accusation, or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave of court at any time before the defendant pleads or a demurrer to the original pleading is sustained. The court in which an action is pending may order or permit an amendment of an indictment, accusation, or information, or the filing of an amended complaint, for any defect or insufficiency, at any stage of the proceedings, or if the defect in an indictment or information be one that cannot be remedied by amendment, may order the case submitted to the same or another grand jury, or a new information to be filed. The defendant shall be required to plead to such amendment or amended pleading forthwith, or, at the time fixed for pleading, if the defendant has not yet pleaded and the trial or other proceeding shall continue as if the pleading had been originally filed as amended, unless the substantial rights of the defendant would be prejudiced thereby, in which event a reasonable postponement, not longer than the ends of justice require, may be granted. An indictment or accusation cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination, subject to the requirements of subdivision (b) of Section 739. A complaint cannot be amended to charge an offense not attempted to be charged by the original complaint, except that separate counts may be added which might properly have been joined in the original complaint. The amended complaint must be verified but may be verified by some person other than the one who made oath to the original complaint.

SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.