SB 467

Under current law, a criminal prosecution is begun when a criminal complaint

is filed with a court. The complaint is a written statement of the essential facts

constituting the offense charged. The person who provides the information

contained in the complaint swears to the truth of the information before the district

attorney or a judge.

Current law allows the person to swear to the truth of the statement in the

complaint by telephone contact with the district attorney or judge if the person signs

the statement, sends the original signed statement to the district attorney or judge,

and sends a copy of the signed statement to the district attorney or judge via a

facsimile machine. Subsequently, if the complaint is filed, both the original and the

facsimile copy of the signed statement are filed with the court.

Under this bill, a person may swear to the truth of the statement by telephone

contact with a district attorney or judge and may transmit a copy of the statement

electronically, accompanied by an electronic signature, to the district attorney or

judge. Under the bill, a statement that has been signed and transmitted

electronically may be incorporated into a complaint that is filed with the court

electronically or in paper form.