Criminal procedure: continuances.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes the requirements for granting continuances in criminal cases. Specifically, it expands the list of cases where a court can find ‘good cause’ for a continuance to include felony cases involving elder or dependent adult abuse, abuse violations where the victim is cognitively impaired, and certain hate crimes. The bill also clarifies the definition of ‘cognitively impaired adult’ and establishes limits on continuances granted to the prosecution in specific types of cases.
Key provisions
- Expands ‘good cause’ for continuances to include felony cases involving elder or dependent adult abuse.
- Defines ‘cognitively impaired adult’ for the purposes of continuances.
- Limits continuances granted to the prosecution to one per case for stalking, hate crimes, abuse of elder or dependent adults, or cases handled under the Career Criminal Prosecution Program.
- Establishes a maximum 10-day limit on continuances granted to the prosecution in those specific cases.
- Allows a party to request a continuance without meeting standard notification requirements, subject to court sanctions.
- Requires the court to state the facts justifying a continuance on the record.
- Addresses continuances for attorneys who are also members of the legislature.
- Clarifies that continuances are directory and do not mandate dismissal of an action.
Who is affected
- Criminal defendants
Bill text
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Sponsors
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1 on record
Primary sponsor
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